
Former Kiambu Governor Ferdinand Waititu testifies during cross-examination at the Milimani Law Courts on August 27, 2024.
Former Kiambu Governor Ferdinand Waititu has acquired a political party, raising questions over his eligibility to run such an outfit after being removed from office by way of impeachment.
Mr Waititu has been named the new party leader of the Farmers Party, formerly of Mr Irungu Nyakera, who is currently serving as Kenyatta International Convention Centre (KICC) board chairperson.
Farmers Party was founded by the late David Nduati in May 2012. The outfit is a Kenya Kwanza alliance partner party.
In a notice published in the local dailies on Tuesday, Mr Waititu was named alongside other officials following the party’s National Executive Committee (NEC).
“Notice is hereby issued to the general public that following a meeting of the National Executive Committee (NEC), the following party officials were appointed in conformity with the Farmers Party constitution,” the party said.
Mr John Wambugu has been named Deputy Party Leader (Policy and Strategy), Mr Nicholas Ikui (Deputy Party Leader – Resource Mobilisation, Mr Thomas Omboga (National Chairman), Mr Stephen Maina (Deputy National Chairperson – Programmes and Political Affairs), Mr Norman Wambua (Deputy Secretary-General – Political Affairs), and Ms Catherine Ngiabi (National Deputy Treasurer – Finance and Audit) among other top party officials.
Mr Waititu was impeached as Kiambu governor in 2020 and was consequently barred from holding a public office unless he successfully challenges his ouster in courts.
The former county boss on Tuesday declined to comment about his new role in the party, stating he would speak “at the right time”.
Chapter Six of the Constitution on Leadership and Integrity makes it clear that a state officer kicked out for abuse of office is barred from holding any other state office.
“A person who contravenes clause (1), or Article 76, 77 or 78 (2) – shall be subjected to the applicable disciplinary procedure for the relevant office; and may, in accordance with the disciplinary procedure referred to in paragraph (a) be dismissed or otherwise removed from office,” provides Article 75 (2).
Article 75 (3) adds, “A person who has been dismissed or otherwise removed from office for a contravention of the provisions specified in clause (2) is disqualified from holding any other State office.”
Although a political party is not a state office, they are partly funded by the Exchequer, at least for the ones that meet the requirement provided by the Political Parties Act on funding.
Constitutional lawyer Bobby Mkangi, however, notes that political parties are not considered public entities despite the partial funding.
He said there was no problem with Mr Waititu being a party leader so long as his appointment was done per the party’s constitution.
He noted that Mr Waititu remains barred from running for an elective seat or any other public office unless he is cleared by the courts.
“In as much as political parties are funded by the public coffers, they do not qualify as state entities. He is free to hold any party position so long as the party members have endorsed him,” said lawyer Mkangi.
“The only problem is when he wants to run for a political office,” he added.
The rush to acquire existing parties or to register new ones is linked to the Exchequer's billions of shillings and the desire to enter a coalition as a principal.
The Nation has established that the Office of the Registrar of Political Parties (ORPP) is currently processing more than 40 proposed new parties as politicians begin to acquire new vehicles for purposes of the 2027 General Election.
Some individuals, who may not be interested in running for political offices, are also in the latest craze to enlist new outfits with plans of selling them in the run-up to the election.
Selling and buying of political parties have since become a booming business, mostly because of fears by politicians of being rigged out in party primaries.
Some top political leaders have also in the past ended up partyless after rival factions took off with the party certificate.
Some of these incidents have forced ambitious politicians to have their own political party to secure their election tickets and for purposes of negotiating for a coalition.
The billions of shillings for political parties have also made running a political party a lucrative business. At least 48 political parties that participated in the 2022 elections are benefiting from the millions of taxpayers’ money to run the affairs of their parties.