Table of contents chapter 1: Democratic Government 3

Role of Branch Officials in Enhancing Communication

Branch officials constitute the party’s personnel that are strategically positioned closer to and directly among the people or voters. This makes them the most important component in the party’s communication network.

Branch officials perform the following functions in party commutation:

• 
  establish proper and effective channels of communication;
  
• 
  convey information;
  
• 
  distribute information and information materials;
  
• 
  organize meetings and public rallies for leaders and candidates to address and discuss with the masses;
  
• 
  gather important information on the grassroots for the party, and
  
• 
  act as bridges in case of cultural barriers (especially language) between the center and the local people.
  

CHAPTER SEVEN

PARTY AND ELECTIONS

Overview

The purpose of this chapter is to examine the significance of elections, the legal framework governing elections, Kenyan political parties, and the electoral environment in Kenya.

In particular, the chapter covers the electoral laws, process, nomination rules, regulations, and important logistics/administrative concerns for political parties in the context of a general election. Elections refer to the periodic exercise of choosing leaders. They are important indicators for democracy within the party and the society in general. For elections to serve their democratic role they must be conducted in a free, fair and peaceful environment.

Electoral Laws and Process in Kenya

Kenya reverted to multi-party democracy in 1991 following the repeal of section 2A of the constitution, which had declared Kenya as a de jure one-party state in 1982. One of the predominant themes that characterized what is commonly referred to as the second liberation was, the restoration of pluralistic politics. This enhanced citizen representation and sought to maximize their participation in governance through political parties. Regrettably, the re-introduction of multi-party politics was not accompanied by commensurate constitutional, legal and administrative reforms reflective of a true multi-party state.

Legally, political parties trace their existence to the Society’s Act (Cap 108 Laws of Kenya). This is the same law that other associations, clubs and welfare groups are registered under. The absence of a Political Parties Act in Kenya effectively means that parties are governed by and must comply with provisions of the Electoral Laws. The Laws governing elections in Kenya are divided into two categories. The first category comprise laws that were enacted with the exclusive purpose of governing elections, and are found principally in four Acts of parliament, namely:

• 
  the Constitution of Kenya;
  
• 
  the National Assembly and Presidential Elections Act;
  
• 
  the Local Government Act; and
  
• 
  the Elections Offences Act.
  

The Constitution of Kenya

The constitution is the most important law governing elections in Kenya. As the supreme law of the land, all laws must conform to it and in the event of non-conformity; other laws are rendered invalid by the constitution’s legal supremacy. Apart from its supremacy, the constitution creates the office of the Electoral Commission of Kenya (section 42) and defines the procedure for appointing the commissioners, tenure and functions of the commission. The commission’s most important function is to supervise and manage the local government, parliamentary and presidential elections. Additionally, the constitution is important because:

• 
  it creates the elective offices for which elections are held, for example, the Office of the President and National Assembly are creations of the constitution; and
  
• 
  the constitution sets the eligibility and qualification criteria for voters and candidates for election to Parliament and the Office of the President.
  

The National Assembly and Presidential Elections Act

The National Assembly and Presidential Elections Act (Cap 7) outlines in procedural details, the manner and method of elections to the National Assembly and the Office of the President. In particular, it contains provisions dealing with:

• 
  appointment of the ECK staff for the purposes of supervising the elections;
  
• 
  detailed provisions for registration of voters, and complaints arising there from;
  
• 
  detailed provisions governing elections of the President and Members of Parliament;
  
• 
  election petitions; and
  
• 
  electoral Code of Conduct.
  

The Local Government Act
The Local Government Act mainly deals with elections to the Local Authorities. In particular, the Act defines a Local Authority, outlines their functions and related purposes. The Act together with the Local Government Elections Rules provides detailed procedures for elections in electoral areas also known as civic wards.

The Election Offences Act

This Act deals with matters that are generally regarded as elections offences, and details what parties and candidates are prohibited from doing during the electioneering period. Some offences include: forging or destroying nomination papers; selling, or offering for sale or buying of a nomination paper; destroying or defacing a voter card; unauthorised printing of ballot papers; soliciting for, or receiving a bribe so as to vote one way or another; voting more than once in the same location among others. Parties and candidates should remember that election offences can be used as evidence in an election petition and if proved can generally lead to the nullification of an election.

Other Laws Impacting the Electoral Process

The second set of laws were not enacted with the exclusive intention of regulating the electoral process, but nevertheless impact the election in a considerable way. These include:

• 
  the Kenya Broadcasting Corporation Act (Cap 221);
  
• 
  the Public Order and the Preservation of the Public Security Act (Cap 56); and
  
• 
  the Penal Code (Cap 63).