Untitled - Africa Centre for Open Governance

The Registrar of Political Parties, an office established under the Political Parties Act of 2007 to
register political parties, maintain records of political parties and arbitrate disputes between
political parties, called upon parties to apply for registration, without which they would not take
part in elections.
The Political Parties Act was also enacted in 2011. The law contains important provisions to
streamline political party operations as provided for under Article 91 of the constitution. It provides
for the registration, regulation, and funding of political parties and other connected purposes.
While these laws went some way towards improving public confidence in the electoral process, it
was not lost on keen observers that many amendments had been made to the original bills and
that short-term interests may have informed their enactment. The Political Parties Bill, for example,
was amended to exclude strict control over matters such as party-hopping and formation of
alliances. 31 Other analysts also raised concerns with provisions of the IEBC Act.
In particular, it was argued that the standards set for the qualifications of the chairperson were
not sufficiently high and that Parliament compromised the independence of the Commission by
overly directing it in connection to delimitation of boundaries of constituencies. 32
2.6. Legislative Challenges
The Constitution of Kenya 2010 compels Parliament to enact a number of laws within the timelines
set out in Schedule 5. 33 Parliament does, however, have the power to extend the timeframes
stipulated in Schedule 5 by passing a vote supported by at least two thirds of the National
Assembly for a period not exceeding one year where the matter is certified to be exceptional by
the Speaker of the National Assembly. 34
In order to ensure that all laws are passed in time, the constitution makes the following provisions:
The constitution charges three institutions with timely preparation of laws: the Office of the
Attorney General, the Commission for the Implementation of the Constitution (CIC) and the Kenya
Law Reform Commission. 35 These institutions are required to work together at various stages of
the preparation of the legislation for submission to Parliament. 36 It should be noted, however, that
the constitution does not impose any sanctions on these institutions should they fail to carry out
this mandate.
If Parliament fails to enact any particular legislation within the period specified in the Fifth Schedule,
the constitution provides that one may petition the High Court for an order directing Parliament
and the AG to ensure that the laws are passed within the time frame stipulated.
31 The Kenya National Dialogue and Reconciliation (KNDR) Monitoring Project, “Progress in Implementation of the
Constitution and other reforms. Review Report”, October 2011
32 International Centre for Transitional Justice, “One Year since Promulgation” (August 2011)
33 Article 261
34 Article 261 (2) (3) “Exceptional circumstance” is not defined and this provision is entirely dependent on the Speaker
not abusing his discretion
35 Article 261 (4); , Article 5 (6) (b), Sixth Schedule
36 Ibid
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