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Enhancing Inter-Party

Dialogue in the

Electoral Process

PPLC

PPLC

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PPLC Enhancing Inter-Party Dialogue in the Electoral Process 1

PUBLISHED BY:

Ofce of the Registrar of Political Parties

Anniversary Towers, University way

P. O. Box 45371 - 00100 Nairobi, Kenya

Telephone: 254 020 276900www.iebc.or.ke

The National Democratic Institute for International Affairs

Riverside 14, Belgravia Block C, 6th Floor

P. O. Box 1806 - 00200 City Square, Nairobi, Kenya

Tel: 254 020 2105805Fax: 254 020 2105806

www.ndi.org

Enhancing Inter-Party

Dialogue in theElectoral Process

PPLC



PPLC Enhancing Inter-Party Dialogue in the Electoral Process2

1. Background

Elections are an important component of the democratic

process in any country. Kenya’s Constitution recognizes

this and highlights the fact that elections enable citizens to

exercise their sovereign right to govern themselves. Through

it, they choose their elected representative for various

positions. In 2007, Kenyans went to the poll to exercise

this sovereign right. However, those elections resulted in

unfortunate and tragic consequences. There was dispute

regarding the election results, followed by violence, loss of

lives, destruction of property and displacement of people.

In efforts to resolve the problems arising out of those

elections and their consequences, several processes were

undertaken in the country. One of those revolved around

investigating the events surrounding 2007 elections and

proposing legal, policy and institutional reforms relating to

the electoral system and process. The Commission, known

as the Independent Review Commission (IREC), was headed

by Justice (retired) Johann Kriegler from South Africa. IREC

made several recommendations including constitutional

reforms. One of the key areas that IREC focused on was

the relationship between the Electoral Commission and

political parties. It called for structured and continuous

dialogue between the Electoral Body and political parties.In its recommendations, ‘’A standing liaison committee

should be set up comprising the ECK and political parties

as a rst step towards the enactment of nomination rules

which must be strictly adhered to.’’

On its formation, the Interim Independent ElectoralCommission (IIEC) spearheaded reforms to the country’s

electoral framework with a view to enhancing citizens’

condence and setting the basis for free and fair elections.

The IREC (Kriegler) report formed a useful basis for

the reforms that IIEC implemented. It adopted and

implemented the IREC recommendation on structuredrelationship between itself and political parties.




2. Origins of PPLC

In July 2009, IIEC with the assistance of National

Democratic Institute (NDI) facilitated a meeting with

all registered political Parties. This started the process of

establishing a liaison between IIEC and political parties.

At the meeting, it was resolved to discuss and agree on

modalities for having a structured liaison framework

between parties, the Registrar of Political Parties (RPP) and

the IIEC. The process borrowed from the experience of other

countries especially Ghana and South Africa. In South

Africa, aPoliticalLiaison Committee exists at the national

and regional level for consultation between the Electoral

Commission and parties. It is based on regulations adoptedunder the law governing elections in South Africa. The PLC

is chaired by the Commission and has representation from

parties who have candidates in an election and those with

elected representatives.

Following consultations, the parties agreed to formally

establish a Political Parties Liaison Committee as a

framework for structured, continuous dialogue between

the parties and the electoral administration. The PPLC was

to help in:

• Advocating and championing for free and fair elections

• Eliminating mistrust and suspicion between political

parties

• Building trust between the electoral management body

(EMB) and political parties

• Discussing and making recommendations on issues

affecting the electoral process.

PPLC was formally established through a resolution

between the 47 registered parties then and the IIEC

in Nakuru on 13th March 2010. Based on the above

objectives, PPLC was a vehicle for consultation and

condence building on electoral reforms and promotionof an environment for free and fair elections. It recognized

the importance of political players as key actors in the

electoral process and the need for their engagement with

the electoral management body. The Nakuru Resolution




identied principles to govern the engagement between

parties and the electoral management body (EMB) and

amongst parties themselves. It stated that the relationshipwas to be based on the following principles:

• Accountability and transparency

• Honesty and integrity

• Orderly conduct

• Patriotism• Fairness

• Mutual respect and tolerance

• Gender balance

• Inclusivity and consultation

The Nakuru resolution led to establishment of PPLC at twolevels, as follows:

• National level - called the National Political Parties

Liaison Committee(NPPLC)

• Regional level - Regional Political Parties Liaison

Committees(RPPLC)

National Political Parties Liaison Committee

The National Political Parties Liaison Committee operated

at the national level and had one representative from every

registered political party and an alternate representativein case the main representative was not available for a

meeting. The Committee was chaired by a Commissioner

designated by the chairperson of the electoral management

body. The Committee also appointed a steering Committee

from within the political parties to help drive the PPLC

process. The Registrar of Political Parties providedsecretariat support to the NPPLC process while the

Commission with facilitation of the National Democratic

Institute (NDI) convened meetings of the NPPLC.

Regional Political Parties Liaison Committee

In addition to the NPPLC, PPLC was also established and

operated at the regional level. These regional PPLCs were

based on the 17 administrative regions that IIEC operated

in. These included:




• Nairobi, Central Thika, Central Nyeri, North Rift,

Central Rift, South Rift, Central Nyanza, South Nyanza,

Western Bungoma, Western Kakamega, South WestCoast, North Coast, Upper Eastern, Central Eastern,

Lower Eastern, North Eastern Garissa and North

Eastern Mandera.

The regional PPLCs were formally launched in each of

the regions by IIEC with support from NDI. During thelaunch, the political party representatives were taken

through the rationale and expectation from the PPLC

members, their relationship with IIEC, it being pointed

out that their point of contact would be the IIEC Regional

Elections Coordinator (REC) and at the national level the

Registrar of Political Parties. The RPPLCs elected each

a steering committee comprising representatives from

political parties. Each of the RPPLCs undertook different

activities depending on the local circumstances and the

levels of engagement by the members of that region. They,

however, all played important roles in enhancing the

levels of consultation between parties and the electoral

management body at the local level. They also played a

role in improving the relationships between parties and

consequently the environment for the conduct of political

activities and elections at the local level throughout the

country.

Achievements of PPLC

PPLC both at the national and regional level had several

successes, including:

• Enhancing condence in the electoral process

• Consulting with the Electoral Commission on key

electoral reforms

• Contributing to legislation on elections (The Elections

Act, the Independent Electoral and Boundaries

Commission Act and the Political parties Act)

• Advocating for recognition of PPLC in law

• Enhancing trust and consultation amongst political

parties and with the electoral management body




• Encouraging free and fair elections during all by-

elections in the country

• Creating awareness on the Constitution, electoral lawsand laws governing political parties

• Observing the 2010 Constitution referendum




3. Legal Framework Governing

PPLCUntil 2011, PPLC operations and successes as described

above were based on administrative arrangements,

discussions between parties and the electoral Commission

and the Nakuru resolution. The IEBC has continued to

engage with political parties through PPLC based onthese arrangements. This has been due to the importance

that IEBC places on political parties as a stakeholder in

the electoral process. Borrowing from the experience of

South Africa, along which lines Kenya’s PPLC is modeled,

the enactment of the electoral legislations resulted in the

recognition of PPLC by all the three electoral legislations,namely:

• The Political Parties Act

• The Elections Act

• The Independent Electoral and Boundaries Commission

(IEBC) Act

The basis for PPLC, however, draws its inspiration from

the Constitution of Kenya, 2010. The Constitution provides

for the conduct of free and fair elections. It requires

that elections, to be conducted and supervised by the

Independent Electoral and Boundaries Commission,must be transparent and free from violence, intimidation,

improper inuence or corruption. While it is the duty of

IEBC to ensure that the conduct of elections are free and fair,

political parties have a major role to play in contributing to

the elections being credible. The Constitution recognizes

parties as key actors in the electoral process and requiresthem to abide by the letter and spirit of the Constitution.

This includes obeying the Code of Conduct for Political

Parties. These constitutional provisions form the foundation

for the relationship between parties and IEBC in the election

process. They give IEBC the constitutional mandate of

being responsible for elections while recognizing that sucha task requires collaboration with several stakeholders.

PPLC, consequently, provide a structured avenue for

engagement between political parties, the IEBC and




Registrar of Political Parties with a view to enhancing the

legal regime and operating environment for the conduct of

elections in Kenya. Through it, various challenges that facethe election process can be discussed and solutions agreed

upon. This is to be done within a context that appreciates

the constitutional independence and mandate of the IEBC.

The Political Parties Act, enacted in compliance with

Article 92 of the Constitution provides for the registration,operations and regulation of political parties in Kenya.

Section 38 of the Political Parties Act provides for the

establishment and operations of PPLC, thus anchoring

it in law. Henceforth, PPLC is to be a legal body whose

existence is subject to the provisions of the Political Parties

Act and not just administrative agreements only. PPLC is

established with the main duty of providing a platform for

discussions and dialogue between the Registrar of Political

Parties, the IEBC and registered political parties. It is to

exist at two levels, namely:

• National level• County level

The Political Parties Act provides for the delinking of the

ofce of the Registrar from the IEBC, which have been

operating together. Despite the delinking, the two ofces

still require to relate closely for election purposes and forthe success of the operations of PPLC. This explains why

Section 38 of the PPA provides that PPLC is for liaison

between parties, the Registrar of Political Parties and the

IEBC.

Section 38 of PPA “(1) There is established a PoliticalParties Liaison Committee.

(2) The Political Parties Liaison Committee shall be

established at national and county level.

(3) The Principal Function of the Political Parties Liaison

Committee is to provide a platform for dialogue between

the Registrar, Commission and political parties

(4) The Political parties Liaison Committee shall perform

such other functions as may be prescribed by the

Registrar.”




The IEBC Act also recognizes and provides for PPLC. It

refers to the Political Parties Act as the one that establishes

PPLC but highlights for its operations as relates to theelections. The Commission is required to consult with

PPLC on election related issues. The Act expects that

once parties nominate candidates, then those parties that

will be participating in elections and who have already

nominated at least one candidate will be consulted on

election related issues by IEBC. This is in addition to the

consultation that takes place between parties, IEBC and

Registrar at all times.

IEBC Act, Schedule 2 Rule 9(3)

“The Political Parties Liaison Committee established

under the Political Parties Act, 2011 consists of the

designated members of the Commission and the

representative of every political party with one or more

candidates validly nominated for the election; and the

Commission shall consult with the committee on allmatters relating to the election.”

The Elections Act also mentions PPLC within the context

of the Electoral Code of Conduct. Parties are required to

abide by the Code of Conduct, to cooperate and liaise with

other parties in good faith and to “ensure the attendanceand participation of representatives at meetings of any

party liaison committee and other forums convened by or

on behalf of the Commission.” This therefore means that

the persons appointed to represent their parties in the PPLC

both at the national and county level have to participate in

the liaison meetings.




4. Structure and Composition of

PPLCIt is envisaged that there shall be the following levels and

numbers of PPLCs:

• 1 National Political Parties Liaison Committee (NPPLC)

at the national level.• 47 County Political Parties Liaison Committees

(CPPLC), one for each county.

The NPPLC shall comprise of the following:

• 1 representative from the national ofce of eachmember party from all the registered political parties

and alternate;

• Representative of the ofce of the Registrar of Political

Parties;

• Representatives of the IEBC and;

• Such other observers, experts or participants as theNPPLC, RPP and IEBC shall invite.

The CPPLC shall comprise of the following:

• 1 representative of every political party represented at

the county and alternate;• Representative of the ofce of the Registrar of Political

Parties;

• Representatives of the IEBC and;

• Such other observers, experts or participants as the

CPPLC, RPP and IEBC shall invite.

Every registered Political Party is entitled to be a member of

the PPLC. For the counties, parties while free to be members

of the county PPLC will nd it easier to participate in these

PPLCs if they operate in those counties. This relates to the

requirement for parties to have county ofces. Parties with

ofces and operations in a county will more easily knowabout the activities in that county and make meaningful

use of the PPLC operations.




Parties will nominate one member and one alternate for

the national PPLC and the county PPLC where it has a

presence, evidenced by existence of a county ofce. Thetwo representatives are required to be of either gender

to ensure that representatives of the PPLC adhere to the

gender provisions of the Constitution. One can only

be a representative of the party to the PPLC when their

membership is valid, if they cease being members of the

parties that nominated them then their membership to the

PPLC also terminates. Each representative of a political

party can only be nominated for one level of the PPLC.




5. Roles and Responsibilities of

PPLCThe general role that the law provides to PPLC is to provide

avenues for structured dialogue between parties, the

Registrar of Political Parties and the electoral management

body. The consultations are with a view to ensuring a

culture of tolerance, mutual trust and respect in the conductof political activities and to promote peaceful, free and free

elections. This broad role forms the basis for the following

functions for PPLC at the national and county level:

Roles and Responsibilities of NPPLC include;

• Representing political parties in dialogue with the RPP

in matters concerning regulation of political parties

• Contributing to discussions on legislative proposals

on elections and other electoral reform issues

• Defusing tensions between different political players

and candidates so as to support of the exercise ofpolitical rights of citizens

• Preventing and managing electoral related conict

during elections and by-elections

• Support free and peaceful campaigns and

electioneering

• Contribute to and support IEBC and RPP in meetingtheir obligations to conduct free and fair elections

• Participate actively in all electoral processes and

provide inputs to the same

• Respect the authority of the IEBC and RPP as dened

by the Constitution and the laws of the land

• Participate in all activities and meetings convened for

the PPLC by the RPP and IEBC

• Promote the adherence to the Constitution, laws

governing elections and political parties

• Promote the adherence to the Code of Conduct for

Political Parties and the Electoral Code of Conduct




Roles and Responsibilities of CPPLC

The above functions with necessary modications areexpected to be carried out by representatives to the county

PPLC. Consequently PPLC at the County level should:

• Be a forum for representing the views of political parties

within the county indialogue with the representative of

the RPP in matters concerning regulation of politicalparties.

• The CPPLC works with the representative of the RPP to

implement the PPLC process in the county as designed

by the Registrar of political parties in consultation with

the NPPLC.

• Consult with IEBC and its representatives on electionmatters within the county

• Participate in and contribute to the discussions on and

implementation of activities relating to the electoral

process

• Promote peaceful campaigns amongst political parties

and their supporters within the county

• Promote peaceful competition amongst political

parties based on policies and ideologies and devoid of

violence and intimidation

• Prevent and manage electoral related violence during

campaigns, elections and by-elections

• Promote the realization by all Kenyans of their political

rights include the right to belong a political party of

their choice

• Participate in public sensitization on the electoral

process and political education at the county level

• Contribute to the effective functioning of the CPPLC.• Promote the adherence to the Constitution, laws

governing elections and political parties

• Promote the adherence to the Code of Conduct for

Political Parties and the Electoral Code of Conduct

Political Parties have responsibility to ensure that theyhave representatives to the PPLC and that they support

the operations of the PPLC. The success of the dialogue




mechanisms will depend on the levels of support that the

process receives from all participants- political parties, the

RPP and the IEBC. Parties and their representatives should:

• Nominate committed members to represent them to

the PPLC at both the national and county level

• Put in place a mechanism for report back by their

representatives on deliberations at the PPLC

• Implement the issues that arise from the PPLCdiscussions

• Ensure that their nominees and alternate to the

PPLC are not both of the same gender and meet the

requirements of Chapter Six of the Constitution

• Ensure that their representative is disciplined,

committed to the PPLC process and attends all meetings

without absenteeism. In case of indiscipline, political

parties have a responsibility to recall and replace their

representative by writing to the Registrar of Political

Parties and giving a copy to the representative

• Respect the PPLC process and other political parties

engaging in the process

• Publicly respect and support the authority and

independence of the IEBC and the RPP.




6. Contribution of PPLC to Free

and Fair ElectionsThe PPLC committees are established to foster dialogue

between the political parties, IEBC and RPP. They have a

key role to play in promoting free and fair elections. With

consultation and discussions a culture of tolerance and

mutual trust will be cultivated between the parties andtheir candidates as contestants in the election process and

the Registrar of Political Parties and IEBC as regulators and

referees. Even before they were entrenched in legislation,

PPLCs have played a very active role at the local level in

fostering peaceful campaigns and enhancing trust amongst

political parties and with the election management bodiesin all the by-elections that have been undertaken since

2009 and in the 2010 referendum.They continue to act

as consultative foras in defusing tensions and acting as

a framework for resolving issues that relate to elections

and may escalate into conicts. In order to foster and

ensure practices that promote free and fair elections, the

PPLCs were fully operational in all recent by-elections

and referendum and continue contributing to consultative

decision-making and conict resolution. In the run up to

the 2013 elections and beyond PPLC can play a key role in

promoting free and fair elections both at the national and

county level. Some of the tasks that PPLC can do include:

• Encouraging peaceful and free nominations

• Discouraging violence during campaigns

• Encouraging participation of marginalized groups in

elections

• Support implementation of the Constitution and the

electoral laws

• Publicize and encourage adherence to the Electoral

Code of Conduct and the Code of Conduct for Political

Parties

• Publicly condemn violence and corruption inelectioneering process

• Encourage regular consultations with the IEBC on all

electoral related issues

• Promote integrity in the electoral process




7. Conclusion

The PPLC process was established mainly because of

the history of the post-election violence. It is therefore

important that as we implement PPLC we do so with the

determination to ensure that we support the realization

of the promises and benets of the Constitution of Kenya

2010. Further, we should commit to avoiding violence

in the country especially violence related to politics and

elections. Dialogue amongst parties and between parties

and the IEBC and RPP at both the national and devolved

levels of counties are key to promoting free, fair and

peaceful politics and elections. This is the only way we can

build Kenya into a more stronger democracy and improveour politics into politics of issues and competitions of

ideas and not physical might. It is through this that we can

get away from the adage that politics is a dirty game. For

politics can be an honourable and peaceful sport. PPLC

exists to help make this a reality. Political parties have an

important contribution to the reform process and levelingthe playing eld for political competition.

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