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Time appears to have run out for scores of briefcase political parties after the regulator initiated the process of deregistering them for failing to comply with the law.

In an unprecedented move, the office of the Registrar of Political Parties (RPP) has initiated the process of deregistering three political outfits for failing to comply with various provisions of the law.

 The three, Third-way Alliance associated with Dr Ekuru Aukot, Jirani Mzalendo Asili Party and Alternative Leadership Party of Kenya are currently in court challenging the Registrar’s decision to deregister them on grounds that they do not have a minimum of 1,000 members in at least 24 of the 47 counties.

 In an affidavit filed in court, the three parties whose prayers to have the RPP barred from proceeding with its decision were granted by the court last year, argued that the attempts by the RPP to deregister them based on Section 7 of the Political Parties Act is not only illegal but offends the protection of rights and fundamental freedoms as provided for in the constitution.

 High Court judge Chacha Mwita has since stopped the RPP from proceeding with the process of deregistering the parties until the case filed in court is heard and determined.

Provisionally registered

 Currently, there are 90 fully registered political parties in Kenya while three others are provisionally registered.

 Reads a petition filed by the three parties in court, “This nation Kenya is a multiparty democracy declared as such by the constitution of Kenya hence the attempted deregistration of political parties ought to be a matter of grave concern as it operates to reduce and constrict the democratic space.”

 In the petition, the three parties said that it is unconstitutional to de-register them as Kenya is a multi-party democracy as declared by the constitution and such matters should not be tolerated.

 Reads the petition: “The attempts to de-register violate articles 38, 47 and 48 of the constitution.”

Management system

 But in its defence, the RPP argues that the office maintains an Integral Political Parties Management System (IPPMS) where every political party including the petitioners have access to so as to recruit members and be notified when party members resign.

 It also explained that the deregistration of the political parties is based on the fact that their registered members are way below the requirement of at least 1,000 members, who must be registered voters in at least 24 of the 47 counties.

 Section 7 (2) (a) of the Political parties Act states that a provisionally registered political party shall be qualified to be fully registered if it has recruited as members, not fewer than one thousand registered voters from each of more than half of the counties.

A political party is also deemed to be fully registered if it has submitted to the RPP the location of its head office and addresses of the branch offices, which shall be in more than half of the counties as well as provides a list of names, addresses and identification particulars of all its members is also a requirement

 In the documents filed in court as at December 18, 2023, RPP revealed that Thirdway Alliance of Kenya had 35,549 members, Jirani Mzalendo Asili Party 47,996 and Alternative Leadership Party of Kenya 26,705.

However, the documents show that of the 35,549 members documented by Thirdway Alliance party, only 14,078 appeared in the voter register with 21,471 missing out while the party only met the requirement of at least 1000 registered members per county in Nairobi only.

Required by law

 The papers also show that although Jirani Mzalendo Asili Party of Kenya met the requirement of at least 1000 members in 24 counties, only 38,959 members were in the register of voters.

 Alternative Leadership Party of Kenya had 442 of its documented registered members not appearing in the voter register as required by the law.