The Institute of Education in Democracy (IED) has threatened to sue President Uhuru Kenyatta if he fails to kick start the recruitment of the registrar of political parties within the next 90 days.
The IED Executive Director Brian Weke also called for the compliance of the law in regards to the recruitment which he said should be done by a Selection Committee appointed by the President.
Mr Weke said that current registrar was illegally in office and called on the President to act in order to enable an efficient management of the political parties as envisaged in the law.
â€œThe President should move with speed to appoint a Selection Committee within the next three months to start the process. There will be need for strategic litigation to compel the President to execute his mandate if the timelines are ignored,â€ said Mr Weke.
At the same time a survey by the IED revealed that political parties including the three main parties funded by the public are operating illegally after closing down offices they opened as they processed their registration three years ago.
The report by the IED launched in Nairobi on Tuesday revealed that some parties engaged in fraud to trick the Registrar of Political Partiesâ€™ office to permit registration before closing down offices they availed for inspection during the registration.
Former Prime Minister Raila Odingaâ€™s ODM party – the single largest parliamentary party in the country – presented records to the registrar claiming it had opened offices in 26 counties.
But the IED assessment only found 16 offices in Isiolo, Bungoma, Busia ,Kiambu, Kisii, Kwale ,Makueni, Migori, Nakuru, Homa Bay, Nairobi, Nyamira, Siaya, Tana River and West Pokot operational.
The ODM offices in Nyandarua County, among those listed as operational at the registrarâ€™s office, has been turned into an evangelist church.
â€œThis accounts for 67 per cent compliance with section 7(f) of the PPA, 2011, that provides that parties should have branch offices in at least 24 counties,â€ the report stated.
ODM, the United Republican Party (URP) and The National Alliance (TNA) party are the countryâ€™s three largest parties approved to benefit from the political partyâ€™s fund after winning requisite seats and numbers in the last General Elections.
ODM and TNA however share part of the political partyâ€™s cash with their partners in the 2013 elections based on the Presidential votes contribution.
The Presidentâ€™s TNA also has offices in only 16 counties against the required 24 around the country.
TNA which is the single largest beneficiary of the political partyâ€™s cash has offices in Kisumu, Bungoma, Samburu, Isiolo, Kirinyaga, Laikipia, Lamu, Meru, Nakuru, Siaya, Taita Taveta, Busia, Kisii and Nairobi.
The TNA office in Mombasa has been turned into a private residence but still listed by the RPPâ€™s office as operational.
Deputy President William Rutoâ€™s URP was found to be operating offices in only 20 out of the 24 counties required by law.
The party had however filed returns at the registrarâ€™s office indicating they had operational offices in 26 counties in the country.
When it filed returns for compliance Narc Kenya claimed it had 35 operational offices but on the group the IED survey only spotted nine offices.
Narc Office in Homa Bay has been turned into a hostel while their Rongo office is now being used as a nursery school.