The Political Parties Act came to question in a civil society meeting held in a city hotel this week organised by The League of Kenya Women Voters. The participants including members of the press and civil society questioned why political parties continued to get funding from corporate organisations, individuals, interest groups and foreign countries. Discussants noted that there was absolute need to regulate the financing of political parties.

During his presentation on Analysis of Policy and Legal Framework on political parties Act, Dr. Charles Otieno said Kenyans needed to lookat the administrative, legal and regulatory challenges in the implementation and enforcement of the Political parties Act. Dr. Onyango explained that the Financial Management and Accountability section of the Political Parties Act is “loose ended and open” and can not be depended upon to regulate how political parties fund their campaigns.

Participants were worried that if left the way it is, that section of the Bill is still open to compromise and abuse as there is plenty of leverage for parties to solicit funding from private persons and corporate organisations. Legal and Policy expert, Dr. Otieno proposed that the Bill be amended to compel parties to disclose their funding sources. He cited cases from a study which names certain political parties as having received campaign funding from some foreign countries and International Non-governmental organisations. “The people who fund those campaigns have stake in the outcome of the results and will go the extra mile to ensure that their favour is returned, even if it means causing political instability in the countries in question.” He said.

Electoral laws and the constitution

In his presentation Dr. Otieno added that the Electoral Commission of Kenya (ECK), needed to be empowered to be able to regulate the expenditure of political parties and parliamentary as well as civic aspirants, this he said would tame cases where only the rich win in parliamentary and civic elections. “It is the same moneyed people who will usually instigate political violence and many other things that do not necessarily promote democracy.” He added.

Political activist Phillo Ikonya concurred with Dr. Otieno that there was need to regulate how and on what presidential candidates and other political aspirants use their finances. Ms. Ikonya said during the December 2007 general elections, most politicians used their money in propaganda campaigns aimed at stirring up emotions of their supporters against other communities. It was also alleged that some political parties funded their campaigns from funds collected in directors of certain pyramid schemes. Phillo said it was true that people who fund parties do it to buy political favours, “they are the people we see being awarded public tenders and many other big favours.” She said. The media she said is also not alien to corruption. Journalists, she said have been compromised on several occasions to write favourably or present news about particular parties and politicians in good light.

She recommended a blanket ban on donations to political parties as a way of “dealing with linkages of this kind of corruption.” The ECK, she said should be given power to investigate sources of parties and politicians’ campaign funding while the registrar of societies should be made answerable to Parliament so that the later can have powers to check any excesses in the society. She proposes a clause in the constitution that will allow for formation of political parties that represent the interests of the minority - Youth, women, pastoralists, the disabled and many others. She added that the red-tape encumbering the registration of parties be abolished to make it easier for people to form parties and consequently have them registered.

Participants were of the view that political parties exercise internal democracy with clear set out rules and regulations on how they (parties) will be managed and how they will conduct their affairs. “Political parties in Kenya must grow their internal democracies so that for example there are clear regulations on how they will elect their candidates both parliamentary and civic including clear nomination rules for candidates at all levels.”

The December 2007 party primaries were chaotic and violent in many parts of the country this situation led to suggestions that a re constituted and independent ECK should be given powers to regulate and preside over party primaries to reduce incidents of chaotic nominations as witnessed in December 2007, further participants were of the opinion that roles played by opposition parties be clearly set out in the constitution, “for example it should be apparent what role should be played by the official opposition party and what privileges the holder of that office enjoys.” Christine Ojiambo, who was KANU’s parliamentary candidate in Westlands constituency in the December elections said.

Role of the church in conflict resolution

The role of the church and other Faith Based Organisations (FBO’s) in conflict mitigation and pacification came under microscope when Mr. Kinyanjui Kamau of the National Council of Churches of Kenya (NCCK) was put to task to explain what the church’s role was in resolving the post poll conflict in Kenya and what the church was doing in uniting the different ethnic communities in the country.

Mr. Kinyanjui said the mandate of the NCCK was to facilitate churches and communities to identify their needs, acquire necessary resources and promote social service provision that is holistic, relevant and self sustaining. He said their governance and social service programme works to ensure good governance, democracy, rule of law, accountability and observance of human rights. He said that Kenya is located in an unstable region which is characterised by civil wars and massive displacements of populations. The country has experienced politically related clashes after the December elections that led to destruction of lives and property and massive displacement of communities.

In their attempts to maintain security, operations by the state agencies have often led to unnecessary loss of innocent lives and property. In other parts of the country, the role of the state agencies has been questionable, with many accusations of their active involvement in crime. The Council has been involved in extending care to victims of these conflicts through its peace programme, which has also sought to comprehensively address the challenges raised by these conflicts. Under this plan, the Council will deepen its involvement in the area of peace building.

The Council is seeking to achieve a country with a culture of peace based on justice and personal safety. Mr. Kinyanjui said the underlying causes of conflicts in Kenya revolved around unequal and uneven distribution of resources, government policies that tend to concentrate resources and services to so-called high potential areas and the lack of a new political dispensation which he blamed on the inertia of political leadership.

The Church has absconded its duty

Mr. Kinyanjui was challenged to ensure that the church takes an active role on the healing and reconciliation process as well as rehabilitation and resettlement of the internally displaced persons.

Participants criticized the church for being partisan during the campaign period and that it is now further divided on the way forward that would see this country out of the current political impasse. The church was said to have abdicated its responsibility and absconded from its genuine role. Participants said since December 30th, the number of persons going to church had drastically reduced as many followers have felt let down by the church’s failure to provide clear roadmaps during the election time.

Mr. Kinyanjui said the NCCK has reached out to political leaders to revolve their differences and called upon immediate end to violence and return to normalcy. He underscored the importance of employment especially to the youth as a measure that will help future crises