How to Deregister from a Political Party in Kenya: Complete Step-by-Step Legal Guide
- Muhoro & Gitonga Associates
- Feb 13
- 7 min read
Table of Contents
Legal Framework Governing Party Membership in Kenya
Understanding Your Right to Deregister
Grounds for Deregistering from a Political Party
Step-by-Step Process to Deregister from a Political Party
Requirements and Documentation Needed
Timeline for Processing Deregistration
What Happens After You Deregister
Common Challenges and How to Address Them
Your Rights During the Deregistration Process
Registering with a New Political Party
1. Introduction
Deregistering from a political party in Kenya is a legal right guaranteed under the Constitution and the Political Parties Act. Whether you wish to join another party, become an independent voter, or simply withdraw from political affiliation, understanding the proper legal process is essential.
This guide provides a comprehensive overview of how to deregister from a political party in Kenya, the legal requirements involved, and the steps you must follow to ensure your deregistration is legally recognized.
2. Legal Framework Governing Party Membership in Kenya
The deregistration process in Kenya is governed by several key legal instruments:
Article 38 guarantees every citizen the right to freedom of association, including the right to form, join, or withdraw from political parties.
This is the primary legislation governing political party registration, membership, and deregistration. Section 13 specifically addresses membership rights and the process of resignation.
These regulations provide procedural guidelines for party registration and membership management.
The ORPP is the statutory body responsible for maintaining the register of political parties and their membership records.
3. Understanding Your Right to Deregister
Under Kenyan law, membership in a political party is voluntary. You have the constitutional right to:
Join any political party of your choice
Resign from a political party at any time
Remain unaffiliated with any political party
Change your political affiliation without penalty
No political party can legally prevent you from deregistering or impose unreasonable conditions on your resignation. Any attempt to restrict this right may be challenged in court.
4. Grounds for Deregistering from a Political Party
You do not need to provide specific grounds to deregister from a political party. However, common reasons include:
Ideological differences with party leadership or policies
Desire to join another political party
Dissatisfaction with party governance or direction
Intention to contest elections as an independent candidate
Personal decision to withdraw from active politics
Relocation to an area where the party has limited presence
Regardless of your reason, the law protects your right to deregister without requiring justification.
5. Step-by-Step Process to Deregister from a Political Party
Step 1: Review Your Party Constitution
Obtain a copy of your political party's constitution. While the party cannot override your constitutional right to resign, the party constitution may outline internal procedures.
Step 2: Prepare a Formal Resignation Letter
Draft a clear, written resignation letter addressed to the party's Secretary General or designated officer. Your letter should include:
Your full legal names as registered
Your national identification number
Your membership number (if available)
A clear statement of your intention to resign
The effective date of resignation
Your signature and date
Step 3: Submit Your Resignation
Deliver your resignation letter through one of the following methods:
Hand delivery to the party headquarters (obtain a receipt)
Registered mail with return receipt
Email to the official party address (request acknowledgment)
Through the party's regional or county office
Keep copies of all correspondence and proof of delivery.
Step 4: Notify the Office of the Registrar of Political Parties
While not mandatory, you may notify the ORPP of your resignation to ensure your name is removed from the official membership register. You can:
Visit the ORPP offices at Lion Place, Westlands, Nairobi
Submit a written notification with supporting documents
Use the ORPP online portal (if available)
Step 5: Confirm Your Deregistration
Request written confirmation from both the political party and the ORPP that your membership has been terminated. This documentation is important if you wish to join another party or contest elections.
6. Requirements and Documentation Needed
To successfully deregister from a political party, prepare the following:
Essential Documents
Valid national identification card or passport
Copy of your party membership card or certificate
Written resignation letter
Proof of submission (receipt, email confirmation, or postal receipt)
Optional Supporting Documents
Statutory declaration (if the party disputes your membership status)
Communication records with party officials
Payment receipts (if you had paid membership fees)
7. Timeline for Processing Deregistration
Immediate Effect
Under the Political Parties Act, your resignation takes effect immediately upon submission to the party. You are no longer bound by party obligations from the date of your resignation letter.
Administrative Processing
Party internal records update: 7 to 14 days
ORPP register update: 30 to 60 days
Issuance of confirmation: 14 to 30 days after processing
If the party or ORPP fails to process your deregistration within a reasonable time, you may file a complaint or seek legal remedy.
8. What Happens After You Deregister
Once you deregister from a political party:
Your Obligations Cease
You are no longer bound by party discipline or rules
You have no obligation to support party candidates
You are free from membership dues or contributions
Your Status Changes
You become an independent voter
You can join another political party immediately
You can participate in another party's primaries (subject to new party rules)
Record Keeping
Your name should be removed from party registers
You should receive confirmation from the party
The ORPP updates its official records
9. Common Challenges and How to Address Them
Challenge 1: Party Refusing to Process Resignation
Solution: Your resignation is effective upon submission. If the party refuses acknowledgment, send a second notice via registered mail and notify the ORPP. Consider seeking legal advice if obstruction continues.
Challenge 2: No Response from Party Officials
Solution: Document all attempts to communicate. After 30 days, proceed to notify the ORPP directly with evidence of your resignation attempt.
Challenge 3: Disputed Membership Status
Solution: Obtain a statutory declaration confirming your membership and resignation. File a formal complaint with the ORPP or Political Parties Disputes Tribunal.
Challenge 4: Demands for Financial Clearance
Solution: While parties may request settlement of outstanding dues, they cannot prevent your resignation. You can resign and address financial matters separately.
10. Your Rights During the Deregistration Process
You have the following protected rights:
Right to Fair Treatment
The party must process your resignation without discrimination
You cannot be harassed or intimidated for resigning
Your personal information must remain confidential
Right to Appeal
You can appeal any disputed membership issues to the ORPP
You may file a complaint with the Political Parties Disputes Tribunal
You have the right to seek judicial review if necessary
Right to Information
You are entitled to confirmation of your deregistration
You can request copies of all documents related to your membership
You may access ORPP records concerning your registration status
11. Registering with a New Political Party
After deregistering, you may join a new political party. The process involves:
Eligibility Requirements
You must be a registered voter
You must be 18 years or older
You cannot be a member of another political party
Registration Process
Complete the new party's membership application form
Provide required identification documents
Pay applicable membership fees
Receive confirmation of membership
Important Note
Ensure your deregistration from the previous party is confirmed before joining a new one to avoid dual membership, which is prohibited under the Political Parties Act.
12. Frequently Asked Questions
Q1: Can a political party refuse to accept my resignation?
No. Under the Constitution and Political Parties Act, you have the absolute right to resign from a political party. Your resignation takes effect immediately upon submission, regardless of whether the party accepts it.
Q2: Do I need to give a notice period before resigning?
No notice period is required under Kenyan law. Your resignation is effective on the date you submit your resignation letter to the party.
Q3: Can I join another political party immediately after resigning?
Yes. Once you have resigned from one party, you are free to join another political party immediately. However, ensure you have documentary proof of your resignation to avoid dual membership issues.
Q4: What happens if my former party claims I am still a member?
Submit evidence of your resignation to the ORPP and request an official determination. You can also file a complaint with the Political Parties Disputes Tribunal for resolution.
Q5: Will resigning from a party affect my voter registration?
No. Your voter registration with the Independent Electoral and Boundaries Commission (IEBC) is separate from political party membership. Resigning from a party does not affect your right to vote.
Q6: Can I contest in party primaries after resigning?
No. Only registered members of a political party can participate in that party's nomination processes. You must join the new party first before participating in its primaries.
Q7: Are there any fees required to deregister from a political party?
Generally, no fees are required to resign from a political party. However, some parties may request clearance of outstanding membership dues, though this cannot prevent your resignation.
Q8: How do I obtain proof that I have successfully deregistered?
Request written confirmation from the party's Secretary General and from the ORPP. Keep copies of your resignation letter, submission receipts, and any acknowledgment received.
13. Conclusion
Deregistering from a political party in Kenya is a straightforward legal process protected by the Constitution. Understanding your rights and following the proper procedures ensures a smooth transition, whether you choose to join another party or remain an independent voter.
Remember that your resignation takes effect immediately upon submission, and no party can legally obstruct your constitutional right to freedom of association. If you encounter challenges, the ORPP and the Political Parties Disputes Tribunal provide mechanisms for resolution.
For complex situations or disputed memberships, consider seeking professional legal guidance to protect your rights and ensure compliance with all applicable laws.
Disclaimer: This article provides general information and should not be construed as legal advice. For specific legal guidance tailored to your circumstances, consult a qualified attorney.
