Kenya: Registrar of Political Parties

Updated July 2010

Until the passage of the Political Parties Act 2007 the registration of political parties as corporate entities was undertaken by the Registrar of Societies under the Societies Act (Cap 108), while registration with the Electoral Commission of Kenya (ECK) was undertaken for each election as a formality necessary for administrative purposes.

Office of the Registrar

Section 3 of the Political Parties Act 2007 created an Office of the Registrar of Political Parties within the ambit of the ECK headed by a Registrar of Political Parties that was to be the ECK's appointee. However, the ECK was abolished and the Interim Independent Electoral Commission (IIEC) was created in its place. The Office and the Registrar, Lucy Ndung'u, were transferred to the IIEC.

Functions

The functions of the Registrar include (Political Parties Act 2007, 3, 4):

• the registration of political parties;
• the arbitration of disputes between members of a political party; and
• the creation and maintenance of a register registered political parties.

Immunity

The Registrar is protected from law suits for acts made in good faith and without negligence in the execution of the functions prescribed by the Act (Political Parties Act 2007, 37).

Appeals

The Political Parties Disputes Tribunal, hears appeals from the decisions made by the Registrar and its decisions are final (Political Parties Act 2007, 6, 7).

References

POLITICAL PARTIES ACT 2007, [www] http://www.kenyalaw.org/kenyalaw/klr_app/view_content.php?ContentHistoryID=21121&CapID=625&preamble=1 [opens new window] (accessed 20 Jul 2010).

SOCIETIES ACT (CAP 108), [www] http://www.imolin.org/doc/amlid/Kenya_Societies_Act.pdf [PDF document, opens new window] (accessed 20 Jul 2010).