Role of the Political Parties Disputes Tribunal in Kenya

The Political Parties Disputes Tribunal (PPDT) is a quasi-judicial body established under Section 39 of the Political Parties Act to resolve disputes related to political parties in Kenya. It has powers similar to a court and operates independently to ensure fairness and justice in political disputes.

Membership of the Political Parties Disputes Tribunal

The Judicial Service Commission (JSC) appoints members of the Political Parties Disputes Tribunal, which consists of:

1. A Chairperson, who must be qualified to be a judge of the High Court.
2. Six other members:
   • Three advocates of the High Court with at least seven years of legal experience.
   • Three professionals with expertise in governance, administration, social, political, or economic matters.

Key Appointment Conditions:

• Members serve on a part-time basis for a non-renewable term of six years.
• They must meet Chapter Six of the Constitution (Leadership and Integrity).
• Public servants or active political party members are not eligible.
• Quorum for Tribunal proceedings is three members, one of whom must be an advocate.

Role and Jurisdiction of the Political Parties Disputes Tribunal

The Political Parties Disputes Tribunal has jurisdiction to determine the following disputes:

1. Disputes between members of a political party.
2. Disputes between a member and their political party.
3. Disputes between different political parties.
4. Disputes between an independent candidate and a political party.
5. Disputes between coalition partners.
6. Appeals from decisions of the Registrar of Political Parties.
7. Disputes arising from party primaries.

Preliminary Dispute Resolution Requirement

• For disputes under points 1, 2, 3, and 5, the case must first go through the internal party dispute resolution mechanism before the Tribunal can hear it.

Determination of Disputes

• The Tribunal must resolve cases within three months of filing.
• Appeals from the Tribunal’s decisions:
  • Can be taken to the High Court on points of law and fact.
  • Can be taken to the Court of Appeal and Supreme Court on points of law only.
• Tribunal decisions are enforced in the same way as Magistrates’ Court rulings.

Legal Procedures and Evidence

• The Tribunal applies the rules of evidence and procedures under the Evidence Act and the Civil Procedure Act, with necessary modifications.
• The Chief Justice may issue regulations for dispute resolution in consultation with the Tribunal.

Removal of a Tribunal Member

A member of the Tribunal may be removed by the Judicial Service Commission (JSC) for:

1. Bankruptcy.
2. Conviction for a criminal offense.
3. Prolonged physical or mental incapacity.
4. Violating the Constitution.
5. Being unfit or unable to discharge duties.

Staffing and Financial Support of the Tribunal

• The JSC appoints the Secretary and other staff necessary for the Tribunal’s functioning.
• Funding for the Tribunal comes from the Judiciary Fund, as allocated by the National Assembly.
• Salaries and allowances for Tribunal members are determined by the Judicial Service Commission with recommendations from the Salaries and Remuneration Commission.

Conclusion

The Political Parties Disputes Tribunal (PPDT) plays a vital role in ensuring political stability and fairness by resolving disputes among political parties, candidates, and members. It is an independent body that ensures justice in political party affairs and enhances democratic governance in Kenya.

For further details, refer to the Political Parties Act.