By Stephen Makabila
The just concluded South Mugirango by-election provided an excellent platform for politicians to flout the Political Parties Act, as the Interim Independent Electoral Commission (IIEC) watched helplessly.
Ministers and MPs trooped to the constituency to campaign for candidates from rival parties in violation of the Act.
Coincidentally, US Vice-President Joe Biden in his public lecture at Kenyatta International Conference Centre last week challenged Kenyans to overcome political indiscipline.
"It's human nature for people to resist change out of my experience in the last 36 years in politics. Political indiscipline will not go away soon, but Kenyans must overcome this by embracing reforms," noted Biden.
The Political Parties Act, which came into effect on December 31, 2008, was meant to bring sanity and discipline among political parties.
While Interim Independent Electoral Commission Chairman Mohammed Issack Hassan promised investigations and possible action, the Registrar of Political Parties Lucy Ndung'u says her office is helpless because most of those who campaigned in South Mugirango had indicated they had gone to "assist friends".
"The spirit of the law is that one should stick to his or her own party, but section 17 of the Act does not prohibit anybody from campaigning for a friend," said Ndung'u.
Legal action
However, East African Law Society Secretary General James Mwamu argued those who campaigned for rival party members in South Mugirango must be punished and that the issue of friendship does not arise.
"By campaigning for rival party members, they violated the Act. It is not something that requires investigations as being claimed by IIEC. There is direct evidence," said Mwamu.
Ndung'u said her office could only act if IIEC declared an electoral offence committed by those who campaigned for rival party members.
"If the IIEC declared an offence was committed, then we would take legal action as per section 26 of the Act," she added.
But Mwamu disagrees saying those who campaigned for rival party members had not made any declaration of having abandoned their original parties.
"If the IIEC does not take action, then there is no need of having this Act. We better repeal it and we go back to a free style system," he argued.
Justice and Constitutional Affairs Secretary Gichira Kibara, on his part, said the Act cannot be effective in an environment where the Judiciary and police are seen to be ineffective.
Kibara argued an ineffective police and Judiciary are to blame for poor enforcement of the Act.
Lawyer Alfred Muriuki concurs with Mwamu, saying electoral offences, depending on their nature, carry penalties of Sh500,000 and or an imprisonment not exceeding two years.
"It is wrong for one to campaign for a rival party member because there is no individual party constitution that allows that. It's unfortunate there is nothing specific in the Act when it comes to campaigns," explained Muriuki.
Hassan had earlier said: "We have launched investigations into claims that some politicians have openly campaigned for candidates of other parties. Culprits will face the law".
ODM, through Secretary General Anyang' Nyong'o, wrote to IIEC demanding action against Education Minister Sam Ongeri.
Registrar of Political Parties
Ongeri told a pro-Magara rally in South Mugirango that the contest was not about parties but the Kisii community against the influence of 'outsiders'.
Kanu Vice-Chairman Gideon Moi while campaigning for his party candidate, John Ondora, also hit out at those who were campaigning for rival party members.
But as IIEC started investigations, Magara and PDP Chairman Stephen Nyarangi indicated their party was officially affiliated to PNU.
"We had no affiliation with any other party, but since then we have officially notified the Registrar of Political Parties that we are a PNU affiliate. Ongeri and other PNU members who have thrown their weight behind Magara have not broken any law," said Nyarangi.
He said PDP National Executive Committee resolved to get into partnership with PNU.
Last week, President Kibaki indirectly endorsed Magara when he stopped to address Magara's campaign rally at which he was received by the former South Mugirango MP and Ongeri.
Vice-President Kalonzo Musyoka and Higher Education Minister William Ruto also visited the constituency to campaign for Magara.
Ndung'u defended Kalonzo's ODM-Kenya, saying it had made it clear it had no candidate in the race and had therefore opted to campaign for Magara.
With the precedent set in South Mugirango, the bad habits by politicians are likely to be repeated in the July 12 Matuga by-election.
Source: The Standard | Online Edition
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