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8/13/2019 Full PPLC DL Booklet
http://slidepdf.com/reader/full/full-pplc-dl-booklet 1/18
Enhancing Inter-Party
Dialogue in the
Electoral Process
PPLC
PPLC
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PPLC PPLC PPLC PPLC PPLC PPLC PPLC PPLC
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PPLC PPLC PPLC PPLC PPLC PPLC PPLC
PPLC PPLC PPLC PPLC PPLC PPLC PPLC
PPLC PPLC PPLC PPLC PPLC PPLC
PPLC PPLC PPLC PPLC PPLC
PPLC PPLC 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
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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.
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PPLC Enhancing Inter-Party Dialogue in the Electoral Process 3
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
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PPLC Enhancing Inter-Party Dialogue in the Electoral Process4
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:
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PPLC Enhancing Inter-Party Dialogue in the Electoral Process 5
• 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
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PPLC Enhancing Inter-Party Dialogue in the Electoral Process6
• 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
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PPLC Enhancing Inter-Party Dialogue in the Electoral Process 7
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
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PPLC Enhancing Inter-Party Dialogue in the Electoral Process8
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.”
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PPLC Enhancing Inter-Party Dialogue in the Electoral Process 9
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.
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PPLC Enhancing Inter-Party Dialogue in the Electoral Process10
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.
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PPLC Enhancing Inter-Party Dialogue in the Electoral Process 11
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.
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PPLC Enhancing Inter-Party Dialogue in the Electoral Process12
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
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PPLC Enhancing Inter-Party Dialogue in the Electoral Process 13
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
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PPLC Enhancing Inter-Party Dialogue in the Electoral Process14
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.
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PPLC Enhancing Inter-Party Dialogue in the Electoral Process 15
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
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PPLC Enhancing Inter-Party Dialogue in the Electoral Process16
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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