EXPLAINER: What the law says on resigning from a political party

The resignation, which complied with the requirements of the law governing the management of political parties, effectively affirmed Gachagua’s severing of ties with President William Ruto's party.

"By a copy of this letter, you are notified that I have officially resigned from the UDA Party with immediate effect," Gachagua said in his letter.

However, UDA hit back at Gachagua and dismissed Gachagua’s public resignation from the party, saying his membership was revoked earlier this year when he was removed as Deputy Party Leader in October 2024.

UDA said Gachagua’s announcement was “mere theatrics” and “inconsequential,” alleging that the party had already notified the Office of the Registrar of Political Parties (ORPP) of his removal in January.

“The ruling party, UDA, officially removed Rigathi Gachagua as its Deputy Party Leader, which automatically revoked his membership. Today’s long paragraphs and ‘exit’ from the party amount to theatrics—null and void,” the party said on Monday, May 12, 2025.

In the January 16, 2025, letter, UDA only notified the Registrar of Political Parties of the changes in the party's National Executive Council leadership following the removal of Gachagua as deputy party leader.

The registrar of political parties wrote back to UDA on January 16, 2025, confirming the party’s decision to replace Gachagua with Deputy President Kithure Kindiki.

In both letters, there was no mention of Gachagua’s alleged removal as a member of the UDA party, meaning that he continued to be a UDA member even after his ouster as deputy party leader.

Confirming the position, in a separate letter dated May 12, UDA Secretary General Hassan Omar launched a scathing attack on Gachagua, even as he welcomed Gachagua’s resignation from the party.

The ruling party welcomed Gachagua's decision to resign, even though it initially disputed his departure from the party that had made him deputy president.

“Though inconsequential, your public resignation from UDA is a welcome announcement to citizens that Kenya’s most divisive character is out and that UDA will always preserve the unity of the State at any cost,”  Omar said.

The responses from UDA exposed confusion about whether or not Gachagua was kicked out as a UDA member in January after his replacement as UDA deputy party.

The Political Parties Act, 2011 provides for an elaborate procedure on how a member of a political party can cease to be a member of a political party.

There are four ways a person ceases to be a member of a political party in Kenya. These include by resignation, by expulsion, through “deeming”; or natural attrition.

Section 14 of the Political Parties Act is explicit on the procedure in the resignation of a member from a political party.

A member of a political party who intends to resign from the political party shall give a written notice before his resignation to the political party and the Clerk of the relevant House of Parliament, if the member is a Member of Parliament.

The member shall also notify the clerk of a county assembly if the member is a member of a county assembly.

Section 14(2) is clear on to whom the members should address the resignation and when the resignation will take effect.

It provides that the resignation of a member of the political party shall take effect upon receipt of such notice by the political party or clerk of the relevant House or county assembly.

The law also provides who shall notify the office of the registrar of political parties for action.

It says that he political party of which the person is a member, the member, or the clerk of the relevant House of Parliament or of a county assembly of which the person is a member shall notify the Registrar of such resignation within three days of the resignation.

Resignation documents submitted to the Registrar should include a copy of: Resignation letter from a member received and stamped by a political party, a National ID or valid Passport used to register as a voter.

Upon receiving the notification, the Registrar shall cause the name of such member to be removed from the membership list of that political party.

Leaving a Party “Through Deeming”

A person shall not be a member of more than one political party at the same time.

A person who, while being a member of a political party, shall be deemed to have resigned from the previous political party.

A person shall cease to be a member of a political party when such a person who, while being a member of a political party, forms another political party, joins in the formation of another political party, joins another political party or in any way or manner.

Such a member will also lose membership if a member publicly advocates for the formation of another political party, promotes the ideology and interests or policies of another political party.

Every political party must have a membership criterion and procedure that shall reflect the above-mentioned deeming criteria.

The political party must submit the criteria for the deeming of a member to the Registrar of Political Parties, together with the party constitution.

If a political party or the Registrar deems the member to have resigned, the political party to which the member belongs shall follow the procedure set out in the constitution of that political party and notify the Registrar of Political Parties of such decision within seven days.

Upon receiving the complaint, the Registrar shall remove the member’s name from the political party’s membership list.

When the Registrar receives a reasonably justified complaint, either from a party member or from the general public, the Registrar has the authority to initiate the deeming process.

The deeming process does not apply to political coalitions since Political parties can legally form those. A member of a political party may:

Expulsion from a political party

Section 14(7) of the Political Parties Act, 2011, a member of a political party may only be expelled from that political party if the member has infringed the constitution of the political party.

In an elaborate legal process, such a member must first be afforded a fair opportunity to be heard in accordance with the internal party dispute resolution mechanisms as prescribed in the constitution of the party.

This is why political parties have disciplinary committees which first try the members and the Dispute Resolutions Tribunals for further trial.

For a member to be expelled, one must exhaust all the legal avenues of appeal, including the Courts.

 The law also provides that a person who suppresses or attempts to suppress any lawful political activity of another person commits an offence and shall, on conviction, be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding two years or to both.

Leaving a party through natural attrition

In Kenya, a person’s membership in a political party ends when they die.