Office of the Registrar of Political Parties in Kenya

The Office of the Registrar of Political Parties (ORPP) is an independent State office established under Article 260 of the Constitution and Section 13 of the Political Parties Act. It is responsible for the registration, regulation, monitoring, and supervision of political parties in Kenya.

The Registrar of Political Parties is supported by three Assistant Registrars, ensuring gender representation where no more than two can be of the same gender.

Qualifications for the Registrar of Political Parties

A person is qualified for appointment as Registrar or Assistant Registrar if they:

1. Hold a degree from a recognized university in Kenya.
2. Have knowledge and experience in at least one of the following fields:
   • Finance
   • Management
   • Political Science
   • Law
   • Governance
   • Public Administration
3. Have at least 15 years (for Registrar) or 10 years (for Assistant Registrar) of relevant post-qualification experience.
4. Are of high moral character and integrity, as per Chapter Six of the Constitution (on Leadership and Integrity).

Disqualifications

A person cannot be appointed as Registrar or Assistant Registrar if they:

• Have held office or stood for election as an MP, MCA, or a political party official in the past five years.
• Are currently holding any political position.

Functions of the Registrar of Political Parties

The Registrar of Political Parties is responsible for:

1. Registering, regulating, monitoring, and supervising political parties to ensure compliance with the Political Parties Act.
2. Administering the Political Parties Fund.
3. Publishing audited annual accounts of political parties.
4. Verifying and publishing the list of all political party members.
5. Maintaining a public register of political parties and their symbols.
6. Ensuring no individual is a member of more than one political party and notifying the IEBC of any findings.
7. Investigating complaints and disputes related to political parties.
8. Performing any other functions as required by the Political Parties Act or other laws.

Removal of the Registrar or Assistant Registrar

A Registrar or Assistant Registrar can only be removed on the following grounds:

1. Violation of the Constitution or the Political Parties Act.
2. Failure to meet the integrity standards of Chapter Six of the Constitution.
3. Inability to perform duties due to physical or mental incapacity.
4. Bankruptcy.
5. Incompetence or gross misconduct.

Procedure for Removal

1. A petition is filed with the Public Service Commission (PSC) detailing the grounds for removal.
2. If the PSC finds merit, it refers the petition to the President.
3. The President suspends the Registrar/Assistant Registrar and appoints a Tribunal to investigate.
4. The Tribunal consists of:
   • A Chairperson nominated by the Judicial Service Commission (JSC), qualified to be a judge.
   • Two members (one male, one female) nominated by the Law Society of Kenya (LSK), also qualified to be judges.
   • Two members (one male, one female) nominated by the Association of Professional Societies in East Africa (APSEA).
5. The Tribunal submits its findings to the President within 30 days.
6. The President implements the Tribunal’s recommendation.

During suspension, the Registrar or Assistant Registrar receives half their salary and benefits.

Conclusion

The Office of the Registrar of Political Parties plays a crucial role in ensuring democratic governance by regulating political parties, administering funds, and resolving disputes. The Registrar is independent and can only be removed through a structured legal process.