The Justice and Legal Affairs Committee (JLAC) of Kenya’s National Assembly has rejected a proposal under the National Dialogue Committee (Nadco) process, which would have allowed political parties to expel or deregister elected leaders, resulting in the automatic loss of their seats.
Nadco’s proposal aimed to amend Article 103 of the Constitution, introducing a provision that would see Members of Parliament (MPs), governors, and Members of County Assemblies (MCAs) lose their positions if expelled or if they resigned from their political parties. The plan also sought to eliminate existing legislation that defines the conditions under which an individual may be considered to have left a party.
JLAC argued that such a move would undermine democracy, as it would grant excessive powers to party leaders, potentially leading to abuse. “This proposal is an affront to democracy because political parties are not as democratic as envisioned by the framers of the Constitution,” the committee said, emphasizing that only the electorate should have the right to recall elected officials, not party structures.
However, not all members agreed with the majority view. Rarieda MP Otiende Amollo and Ruaraka MP TJ Kajwang expressed support for the proposal, arguing that it would enforce party discipline. They noted that the current use of the term “deemed” in Article 103 has failed to prevent members from associating with other parties, weakening the opposition and overall democracy. They believe the amendments would reinforce party loyalty and adherence to democratic values.
While party hopping remains illegal under the Political Parties Act, Nadco sought to solidify loyalty requirements within the Constitution, aiming to address indiscipline within political parties and strengthen the principles guiding their conduct.
