Why Koome, Nderitu are key players in upcoming polls

Chief Justice Martha Koome at Safari Park Hotel, Nairobi, on November 19, 2021.

Photo credit: File | Nation Media Group

What you need to know:

  • For Ms Koome, being the head of the judicature and the president of the Supreme Court makes her a crucial figure in election preparedness and presidential dispute resolution.
  • Ms Nderitu’s duties include registering, regulating, monitoring, investigating and supervising political parties to ensure compliance with the law.

As the clock ticks towards the August 9 General Election, two women stand out, given their polls-related roles.

Chief Justice Martha Koome and Registrar of Political Parties Anne Nderitu are at the centre of the process, even though the Independent Electoral and Boundaries Commission (IEBC) is the dominant player.

For Ms Koome, being the head of the judicature and the president of the Supreme Court makes her a crucial figure in election preparedness and presidential dispute resolution.

Should any presidential candidate feel aggrieved at the outcome that will be announced by the IEBC, it will be the Supreme Court, which Ms Koome heads, to determine any petition.

By virtue of Article 163 (3) of the Constitution, the power to hear and determine a presidential election petition is vested in the apex court.

Exclusive role

This jurisdiction is exclusive, meaning no other court has the power to hear such a dispute; and original, meaning the dispute is filed in the court in the first instance as opposed to appellate jurisdiction, where it would hear a dispute on appeal from a lower court.

Ms Koome is already involved in election preparation and is leading the National Multi-Sectorial Consultative Forum on Election Preparedness, a move that has already seen some political players cry foul.

Ms Koome was last year elected to chair the forum, whose membership also comprises Interior CS Fred Matiang'i and his Principal Secretary Karanja Kibicho, Attorney-General Kihara Kariuki, and ICT Cabinet Secretary Joe Mucheru.

The Communications Authority (CA) and the National Cohesion and Integrated Commission (NCIC) are also part of the committee.

Protest

But the United Democratic Alliance (UDA), which is led by Deputy President William Ruto, last November protested against Koome’s inclusion in election preparations.

UDA, in a protest letter to the Chief Justice, raised concerns that her role in the committee could undermine the integrity of the upcoming polls.

The party argued that it is the sole responsibility of the IEBC to conduct, manage and prepare elections and that the Judiciary has no role, save for determining post-election disputes.

However, Ms Koome downplayed UDA fears, telling its secretary-general, Ms Veronica Maina, that the forum is not a new platform and there is nothing sinister about it.

“The forum is not a new platform…it has been constituted to secure preparedness and has involved the participation of heads of ministries, agencies and departments in previous election cycles, including former chief justices," she responded in a letter.

But despite her assurance, the IEBC threw a spanner in the works when it pulled out of the forum late last year, saying its establishment was unconstitutional. The electoral agency argued that the committee’s establishment violates its independence and that of other institutions.

Registrar of Political Parties

Ann Nderitu

The Registrar of Political Parties Ms Ann Nderitu.

Photo credit: Francis Nderitu | Nation Media Group

Ms Nderitu’s duties include registering, regulating, monitoring, investigating and supervising political parties to ensure compliance with the law. She is also expected to play a pivotal role, more so in party primaries and matters of two-third gender rule.

With the Constitution providing for the gender principle, it will be upon her to ensure political parties comply. Already, Ms Nderitu has warned that her office will not take any party list that does not meet the rule. She issued the warning last week during the Women in Leadership strategy meeting convened by FIDA-Kenya.

“We are not going to take any party list that does not adhere to the two-third gender rule,” said Ms Nderitu.

And as the country gears up for party nominations next month, all eyes will be on her to see how she will wade through the gender matter to ensure adherence.

Most political parties have sidelined women in running of primaries. Only the Orange Democratic Party (ODM) has a woman, Ms Catherine Muma, in charge of its elections and nominations. She chairs the ODM National Elections Board.

Other parties do not have women directly involved in managing their elections and nominations. This could make it hard for them to enforce the gender rule.

According to Ms Nderitu, women lead only in six political parties nationally. As of last month, the country had 85 fully registered political parties.

Advocacy

The registrar also conducts women’s rights advocacy, engaging political parties in how to include women in their affairs. Having fewer numbers of women in party leadership affects decisions within the parties, especially those that affect women, she says.

Ms Nderitu on Tuesday revealed that about 24 million Kenyans are registered as members of political parties. Of that, 15 million are male, representing 64 per cent, while 8.6 million are female, representing 36 per cent.

“All parties met the deadline of submitting the lists," Nderitu told a press conference in her Westlands office in Nairobi, further disclosing that 912 Kenyans had applied to run as independent candidates.