Procedure for Deregistration of a Political Party in Kenya

The Political Parties Act provides the legal framework for the deregistration of political parties in Kenya. The Registrar of Political Parties has the authority to deregister a political party if it fails to comply with legal and constitutional requirements.

Grounds for Deregistration

A political party may be deregistered if it:

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1. Contravenes Article 91 of the Constitution (basic requirements for registration).
2. Fails to promote free and fair nominations of candidates.
3. Does not adhere to election nomination laws.
4. Fails to respect national values and principles as per the Constitution.
5. Obtains registration through fraudulent means.
6. Participates in or instigates an election offence.
7. Misuses political party funds (as per Section 26 of the Political Parties Act).
8. Lacks representation of special interest groups (women, youth, and persons with disabilities).
9. Fails to maintain full registration requirements (under Section 7 of the Political Parties Act).
10. Fails to meet the two-thirds gender rule (Article 81(b) of the Constitution).

Steps in Deregistration of a Political Party

1. Notification of Breach
   • The Registrar of Political Parties informs the party in writing about the specific violation.
   • The party is also informed about the intention to deregister.
2. Opportunity to Remedy the Breach
   • The party is given 90 days to correct the violation or show cause why it should not be deregistered.
   • During this period, the Registrar may suspend the party’s registration.
3. Suspension of Registration (If Necessary)
   • If the party is suspended, it loses all rights and privileges of a registered political party.
4. Final Deregistration Decision
   • If the party fails to remedy the breach, the Registrar proceeds with deregistration.
   • A party may also be deregistered if declared a prohibited organization under Kenyan law.
5. Publication of Deregistration
   • The Registrar must publish a notice of deregistration in the Kenya Gazette within 14 days.

Effects of Deregistration of a Political Party

Once a political party is deregistered:

1. Meetings are Prohibited
   • Members cannot hold or attend meetings in the party’s name, except for winding up or challenging deregistration.
2. Public Engagement is Restricted
   • No one can publish notices, advertisements, or invite support for the party.
3. Fundraising and Financial Transactions are Banned
   • The party cannot receive or distribute funds.
   • No loans, donations, or guarantees can be made to or by the party.
4. Impact on Elected Representatives
   • Elected officials (MPs, Senators, Governors, MCAs) from the deregistered party:
     • Continue serving as independents or join another party.
     • If the party’s deregistration was caused by their own willful action, they lose their seat.

Conclusion

The deregistration of a political party in Kenya is a legal process enforced by the Registrar of Political Parties under the Political Parties Act. The affected party has the right to appeal the decision but loses all rights and privileges upon deregistration.