Kenya

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Question Value
1. Is there a ban on donations from foreign interests to political parties?
  • CodeYes
  • Comment

    Section 28(1) of the political parties' Act 2011 (Revised Edition 2015) states that a political party which receives funds from a non-citizen contrary to section
    27(1)(c), commits an offence.

  • Source

    Political Parties Act 2011

2. Is there a ban on donations from foreign interests to candidates?
  • CodeNo
  • Comment

    Although not clearly stated in law, section 27 (2) of the Political Parties Act 2011 states that a foreign agency, or a foreign political party which shares an ideology with a political party registered in Kenya, may provide technical assistance to that political party. It may be seen that this section does not explicily talk about donoations to individuals but to a political party. 

  • Source

    Political Parties Act 2011

3. Is there a ban on corporate donations to political parties?
  • CodeNo
  • Comment

    Section 27(1)(c) of the Political Parties Act 2011 on other sources of funding to political parties provides that the sources of other funds for a political party are donations, bequests and grants from any other lawful source, not being from a non-citizen, foreign government, inter-governmental or non-governmental organisation. 

  • Source

    Political Parties Act 2011

4. Is there a ban on corporate donations to candidates?
  • CodeNo
  • Comment

    Section 11 of the Election Campaign Financing Act 2013 provides that the sources of funds for purposes of financing party nomination, election or referendum campaign are—

    (a)

    contributions received from any person, political party or any other lawful source;

    (b)

    contributions from a lawful source, not being directly from a foreign government; and

    (c)

    contributions from a harambee.

     

    The only prohibition that is also provided for in Section 14 of the same Act is that a candidate, a political party or a referendum committee shall not receive any contribution or donation, in cash or in kind from the State, a State institution or agency or any other public resource.

  • Source

    Election Campaign Financing Act 2013

5. Is there a ban on donations from Trade Unions to political parties?
  • CodeNo
  • Comment

    So long as the organization in writing, seeks consent to campaign from the candidate, the political party or the referendum committee as the case may be the organisation intends to campaign in support of. Such support must be channelled through the campaign expenditure accounts. Section 15 of the Elections Campaign Financing Act 2013

  • Source

    Elections Campaign Financing Act 2013

6. Is there a ban on donations from Trade Unions to candidates?
  • CodeNo
  • Comment

    So long as the organization in writing, seeks consent to campaign from the candidate, the political party or the referendum committee as the case may be the organisation intends to campaign in support of. Such support must be channelled through the campaign expenditure accounts. Section 15 of the Elections Campaign Financing Act 2013

  • Source

    Elections Campaign Financing Act 2013

7. Is there a ban on anonymous donations to political parties?
  • CodeYes
  • Comment

    Section 13 of the Election Campaign Financing Act 2013 on anonymous contributions or contributions from an illegal source states that a candidate, a political party or a referendum committee shall not receive and keep anonymous contributions or support whether in cash or in kind.

  • Source

    Elections Campaign Financing Act 2013

8. Is there a ban on anonymous donations to candidates?
  • CodeYes
  • Comment

    Section 13 of the Election Campaign Financing Act 2013 on anonymous contributions or contributions from an illegal source states that a candidate, a political party or a referendum committee shall not receive and keep anonymous contributions or support whether in cash or in kind.

  • Source

    Elections Campaign Financing Act 2013

9. Is there a ban on donations from corporations with government contracts to political parties?
  • CodeNo
  • Comment

    No law explicitly bans this.

  • Source
10. Is there a ban on donations from corporations with government contracts to candidates?
  • CodeNo
  • Comment
  • Source
11. Is there a ban on donations from corporations with partial government ownership to political parties?
  • CodeYes
  • Comment

    Those are treated as public institutions. 

  • Source

    Political Parties Act 2011

12. Is there a ban on donations from corporations with partial government ownership to candidates?
  • CodeYes
  • Comment
  • Source
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
  • CodeYes
  • Comment

    Election Campaign Financing Act 2013 states that a candidate, a political party or a referendum committee shall not receive any contribution or donation, in cash or in kind from the State, a State institution or agency or any other public resource.

  • Source

    Election Campaign Financing Act 2013

14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
  • CodeYes, for both natural and legal persons
  • Comment

    Section 28(2) and (3) of the Political Parties Act 2011 states that no person or organisation shall, in any one year, ontribute to a political party an amount, whether in cash or in kind exceeding five per cent of the total expenditure of the political party. The total expenditure referred to shall be in relation to the audited accounts of the political party, of previous year.

  • Source

    Political Parties Act 2011

15. If there is a limit on the amount a donor can contribute to a political party during a non-election specific period, what is the limit?
  • Code Section 28(2) of the Political Parties Act 2011 states that no person or organisation shall, in any one year, contribute to a political party an amount, whether in cash or in kind exceeding five per cent of the total expenditure of the political party.
  • Comment

    Section 28(2) of the Political Parties Act 2011 states that no person or organisation shall, in any one year, contribute to a political party an amount, whether in cash or in kind exceeding five per cent of the total expenditure of the political party. 

  • Source

    Political Parties Act 2011

16. Is there a limit on the amount a donor can contribute to a political party during an election?
  • CodeYes, for both natural and legal persons
  • Comment

    Section 12 of the Election Campaign Finance Act 2013 states that except where contribution is from a candidate to that candidate’s campaign financing account, or from a political party or a referendum committee to that political party’s or referendum committee’s campaign financing account, no contribution from a single source shall exceed twenty percent of the total contributions received by that candidate, political party or referendum committee.

  • Source

    Election Campaign Finance Act 2013

17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
  • CodeNot applicable
  • Comment

    No contribution from a single source shall exceed twenty percent of the total contributions received by that candidate, political party or referendum committee.

  • Source

    Election Campaign Finance Act 2013

18. Is there a limit on the amount a donor can contribute to a candidate?
  • CodeYes, for both natural and legal persons
  • Comment

    Section 12 of the Election Campaign Finance Act 2013 states that except where contribution is from a candidate to that candidate’s campaign financing account, or from a political party or a referendum committee to that political party’s or referendum committee’s campaign financing account, no contribution from a single source shall exceed twenty percent of the total contributions received by that candidate, political party or referendum committee

  • Source

    Election Campaign Finance Act 2013

19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
  • CodeNot applicable
  • Comment

    No contribution from a single source shall exceed twenty percent of the total contributions received by that candidate, political party or referendum committee.

  • Source

    Election Campaign Finance Act 2013

20. Is there a limit on the amount a candidate can contribute to their own election campaign?
  • CodeNo
  • Comment

    Except where contribution is from a candidate to that candidate’s campaign financing account, or from a political party or a referendum committee to that political party’s or referendum committee’s campaign financing account, no contribution from a single source shall exceed twenty percent of the total contributions received by that candidate, political party or referendum committee.

     

    It is important to note that the amount candidates can contribute to their own campaign has no legal limit. However, the same law (Election Campaign Finance Act 2013) states that the Independent Electoral and Boundaries Commission shall  prescribe spending limits including the total amount that a candidate, political party or referendum committee may spend during an expenditure period, including the limit for media coverage.

  • Source

    Election Campaign Finance Act 2013

21. Is there a limit on in-kind donations to political parties?
  • CodeYes
  • Comment

    Section 28(2) of the Political PArties Act 2011 states that no person or organisation shall, in any one year, contribute to a political party an amount, whether in cash or in kind exceeding five per cent of the total expenditure of the political party.

    This, however, shall not apply to any contribution or donation whether in cash or kind, made by any founding member of the political party as his contribution to the initial assets of the party within the first year of its existence.

  • Source

    Political PArties Act 2011

22. Is there a limit on in-kind donations to candidates?
  • CodeNo data
  • Comment
  • Source
23. Is there a ban on political parties engaging in commercial activities?
  • CodeNo
  • Comment

    The Political Parties Act allows political parties to access other sources of funding from the proceeds of any investment, project or undertaking in which the political party has an interest (section 27(1)(d).

  • Source

    The Political Parties Act 2011

24. Is there a ban on political parties taking loans in relation to election campaigns?
  • CodeYes
  • Comment

    To be limited by the Independent Electoral and Boundaries Commission as provided for in Section 12(1)(d) of the Election Campaign Finance Act 2013

  • Source

    Election Campaign Finance Act 2013

25. Is there a ban on candidates taking loans in relation to election campaigns?
  • CodeYes
  • Comment

    As directed and gazetted by the Independent Electoral and Boundaries Commission as provided for in Section 12(1)(d) of the Election Campaign Finance Act 2013

  • Source

    Election Campaign Finance Act 2013

26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
  • CodeNo
  • Comment
  • Source
27. Are there provisions requiring donations to go through the banking system?
  • CodeSometimes
  • Comment

    It is sometimes required. But other sources of funds are difficult to track and legislate on. For instance, a funds drive in aid of a campaign, which is common in Kenya, does not have to result in the money being banked. The law only requires that the candidate keep the date, venue and amount raised from such events.

  • Source

Question Value
28. Are there provisions for direct public funding to political parties?
  • CodeYes, regularly provided funding
  • Comment

    The Political Parties Act 2011 establies a Fund known as the Political Parties Fund, which is administered by the Registrar of Political Parties 

  • Source

    Political Parties Act 2011

29. What are the eligibility criteria for political parties to receive public funding?
  • CodeRepresentation in elected body | Share of votes in previous election | Share of seats in previous election | Participation in election | Registration as a political party
  • Comment

    Section 25(2) of the Political Parties Act 2011 provides that political party shall not be entitled to receive funding from the Political Parties' Fund if—
    (a) the party does not secure at least three per cent of the total number of votes at the preceding general elections; or
    (b) more than two-thirds of its registered office bearers are of the same gender;
    (ba) the party does not have, in its governing body, representation of special interest groups;

    (c) the party does not have at least —
    (i) twenty elected members of the National Assembly; and
    (ii) three elected members of the Senate; and
    (iii) three elected members who are Governors; and
    (iv) forty members of County Assemblies.

  • Source
30. What is the allocation calculation for political parties to receive public funding?
  • CodeProportional to votes received | Proportional to seats received
  • Comment

    Section 25 of the Political Parties Act 2011 states as follows:

    The Fund shall be distributed as follows—
    (a) eighty per cent of the Fund proportionately by reference to the total number of votes secured by each political party in the preceding general election;
    (aa) fifteen per cent of the Fund proportionately to political parties qualifying under paragraph (a) based on the number of candidates of the party from special interest groups elected in the preceding general election ; and

    (b) five per cent for the administration expenses of the Fund.


    (2) Notwithstanding subsection (1), a political party shall not be entitled to receive funding from the Fund if—
    (a) the party does not secure at least three per cent of the total number of votes at the preceding general elections; or
    (b) more than two-thirds of its registered office bearers are of the same gender;
    (ba) the party does not have, in its governing body, representation of special interest groups;

  • Source
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
  • CodeCampaign spending | Ongoing party activities | Intra-party institution | Research and policy initiatives
  • Comment
  • Source
32. Are there provisions for free or subsidized access to media for political parties?
  • CodeYes
  • Comment

    Not subsized but fair access. Section 15 of the Political Parties Act 2011 provides that it is a right of a provisionally registered political party to the provision by the State, of fair opportunity to present the political party’s programmes to the public by ensuring equitable access to the State owned media.

  • Source

    Political Parties Act 2011

33. What criteria determine allocation for free or subsidized access to media for political parties?
  • CodeOther
  • Comment

    Section 15 of the Political Parties Act 2011 provides that it is a right of a provisionally registered political party to the provision by the State, of fair opportunity to present the political party’s programmes to the public by ensuring equitable access to the State owned media.

  • Source
34. Are there provisions for free or subsidized access to media for candidates?
  • CodeYes
  • Comment

    The Election Campaign Financing 2013 states that the Independent Electoral and Boundaries Commission shall, after consultations with political parties, the officers responsible for the state-owned media enterprises and authorities responsible for the regulation of media in Kenya, set out the limit of media coverage of a candidate, political party or a referendum committee, which shall include paid-up advertisement; and free broadcasting spots or coverage in the print media. The law does not however, provide for subsidized access to media by candidates or even political parties. 

     

  • Source
35. Are there provisions for any other form of indirect public funding?
  • CodeNo
  • Comment
  • Source
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
  • CodeYes
  • Comment

    The Political Parties Act 2011 states that a political party shall not be entitled to receive funding from the Fund if more than two-thirds of its registered office bearers are of the same gender

  • Source

    Political Parties Act 2011

37. Are there provisions for other financial advantages to encourage gender equality in political parties?
  • CodeYes, funds earmarked for gender activities
  • Comment

    Section 26 of the Political Parties Act 2011 states that moneys allocated to a registered political party from the Fund shall be used for purposes compatible with democracy including promoting the representation in Parliament and in the county assemblies of women, persons with disabilities, youth, ethnic and other minorities and marginalised communities

  • Source

Question Value
38. Is there a ban on vote buying?
  • CodeYes
  • Comment

    The Election Offences Act 2016 states that A person who, during an election period

    (a)

    directly or indirectly offers a bribe to influence a voter to—

    (i) vote or refrain from voting for a particular candidate or political party;
    (ii) attend or participate in or refrain from attending or participating in any political meeting, march, demonstration or other event of a political nature or in some other manner lending support to or for a political party or candidate;
    (b)

    in any manner unlawfully influences the result of an election;

    (c)

    directly or indirectly, in person or by any person on his behalf, in order to induce any other person to agree to be nominated as a candidate or to refrain from becoming a candidate or to withdraw if they have become candidates, commits an offence.

     

    (2)

    A person who, during an election period, accepts or agrees to accept a bribe that is offered in the circumstances described above commits an offence.

  • Source

    Election Offences Act 2016

39. Are there limits on the amount a political party can spend?
  • CodeYes
  • Comment

    Section 18 of the Election Campaign Financing Act 2013 states that the Independent Electoral and Boundaries Commission shall, at least twelve months before an election, by notice in the Gazette, prescribe the spending limits including the total amount that a candidate, political party or referendum committee may spend during an expenditure period, including the limit for media coverage.

  • Source

    Election Campaign Financing Act 2013

40. If there are limits on the amount a political party can spend, what is the limit?
  • CodeNot applicable
  • Comment

    The limit varies. The Election Campaign Financing Act 2013 stipulates that the Commission shall, in prescribing spending limits under subsection take into consideration—

    (a)

    geographical features and urban centres;

    (b)

    the type of election;

    (c)

    the population in an electoral area;

    (d)

    the number of party members in an electoral area;

    (e)

    the communication infrastructure in an electoral area.

  • Source
41. Are there limits on the amount a candidate can spend?
  • CodeYes
  • Comment

    As determined by the Independent Electoral and Boundaries Commission

  • Source
42. If there are limits on the amount a candidate can spend, what is the limit?
  • CodeNot applicable
  • Comment

    The limit varies. The Election Campaign Financing Act 2013 stipulates that the Commission shall, in prescribing spending limits under subsection take into consideration—

    (a)

    geographical features and urban centres;

    (b)

    the type of election;

    (c)

    the population in an electoral area;

    (d)

    the number of party members in an electoral area;

    (e)

    the communication infrastructure in an electoral area.

  • Source
43. Are there limits on the amount that third parties can spend on election campaign activities?
  • CodeSpending limit exists
  • Comment

    Section 18(2) of the Election Campaign Financing Act 2013 provides that except for contribution by a candidate into his or her own campaign financing account, any contribution from a person, organisation or any other lawful source contributed to a candidate, a political party or a referendum committee campaign financing account shall not exceed the limit of the total contribution prescribed by the Independent Electoral and Boundaries Commission for a candidate, a political party or a referendum committee

  • Source

    Election Campaign Financing Act 2013

44. Are there limits on traditional media advertising spending in relation to election campaigns?
  • CodeYes, for political parties | Yes, for candidates | Yes, for third parties
  • Comment

    Section 20 of the Election Campaign Financing Act 2013 states that the Independent Electoral and Boundaries Commission shall, after consultations with political parties, the officers responsible for the state-owned media enterprises and authorities responsible for the regulation of media in Kenya, set out the limit of media coverage of a candidate, political party or a referendum committee, which shall include paid up advertisement and free broadcasting spots or coverage in the print media.

  • Source
45. Are there limits on online media advertising spending in relation to election campaigns?
  • CodeNo
  • Comment
  • Source
46. Do any other restrictions on online media advertisement (beyond limits) exist?
  • CodeNo
  • Comment
  • Source

Question Value
47. Do political parties have to report regularly on their finances?
  • CodeYes
  • Comment

    Section 27(4) stipulates that a political party shall disclose to the Registrar full particulars of all funds or other resources obtained by it from any source.

  • Source

    Political Parties Act 2011

48. Do political parties have to report on their election campaign finances?
  • CodeYes
  • Comment

    Election Campaign Financing Act 2013 states that the party expenditure committee shall compile the expenditure reports received from the party candidates and submit to the Commission the preliminary nomination expenditure report and the final campaign expenditure report; and submit to the Commission the final campaign expenditure report of the political party.

  • Source

    Election Campaign Financing Act 2013

49. Do candidates have to report on their election campaign finances?
  • CodeYes
  • Comment

    Election Campaign Financing Act 2013 states that the party expenditure committee shall compile the expenditure reports received from the party candidates and submit to the Commission the preliminary nomination expenditure report and the final campaign expenditure report; and submit to the Commission the final campaign expenditure report of the political party.

  • Source

    Election Campaign Financing Act 2013

50. Do third parties have to report on election campaign finances?
  • CodeNo
  • Comment

    It is candidates, political parties or referendum committees that are supposed to disclose that to the Independent Electoral and Boundaries Commission. 

  • Source
51. Is information in reports from political parties and/or candidates to be made public?
  • CodeYes
  • Comment

    The law requires that any person shall be entitled to inspect the audited accounts of political parties filed by a political party and, upon payment of a fee prescribed by the Registrar be issued copies of the audited accounts.

  • Source

    Political Parties Act 2011

52. Must reports from political parties and/or candidates reveal the identity of donors?
  • CodeYes
  • Comment

    As stipulated in section 29 of the Political Parties Act 2011 on publishing sources of funds. It states that a political party shall, within ninety days of the end of its financial year, publish—
    (a) the sources of its funds stating—
    (i) the amount of money received from the Fund;
    (ii) the amount of money received from its members and supporters; and
    (iii) the amount and sources of the donations given to the party;


    (b) the income and expenditure of the political party; and
    (c) the assets and liabilities of the political party.

  • Source
53. Must reports from political parties and/or candidates include information on itemized income?
  • CodeYes
  • Comment

    A political party shall keep proper books and records of account of the income, expenditure, assets and liabilities of the political party. It is in this very manner that the reports are submitted to the Registrar of Political Parties which is in turn made public. 

  • Source
54. Must reports from political parties and/or candidates include information on itemized spending?
  • CodeYes
  • Comment

    A political party shall keep proper books and records of account of the income, expenditure, assets and liabilities of the political party.

  • Source

    POliticl Parties Act 2011

55. Which institution(s) receives financial reports from political parties and/or candidates?
  • CodeEMB | Special institution | Auditing agency
  • Comment

    Special Institution in this case is the Registrar of Political Parties

  • Source
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
  • CodeYes, EMB | Yes, auditing agency | Yes, institution for this purpose
  • Comment

    Note that in Kenya, funds related to electoral campaigns are investigated by the EMB while those related to general political parties' functions are audited by the Registrar of Political Parties

  • Source
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
  • CodeRefer for investigation | Carry out investigation | Request additional information from potential violator | Impose sanctions
  • Comment
  • Source
58. What sanctions are provided for political finance infractions?
  • CodeNo data
  • Comment

    The law is very strong on disclosure and reporting of the funding sources and use. It is however, vague with regard to the sanctions to political parties invloved in financial misappropriation

  • Source

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