Political Finance Database

Tanzania, United Republic of

Tanzania, United Republic of

Bans and limits on private income
Public funding
Regulations of spending
Reporting, oversight and sanctions
Question Value
1. Is there a ban on donations from foreign interests to political parties?
Code
No
Source

Article 11 (1) A political party, may, for the purposes of financing election expenses, appeal for and receive voluntary donations from any individual or organization, in and outside the United Republic, provided that the source of every donation, exceeding shillings one million for an individual donor and shillings two million for an organization, shall, within thirty days of its receipt, be disclosed to the Registrar by the Board of Trustees of the political party concerned.

Election Expenses Act 2010, Section 11 (1)

Article 13 (1) The funds and other sources of political parties which have been fully registered shall derive from--

(a) membership fees;

(b) voluntary contributions;

(c) the proceeds of any investment, project or undertaking in which the party has an interest;

(d) subvention from the Government;

(e) donations, bequests and grants from any other source

(2) Subject to the provisions of Part III of the Election Expenses Act, every political party shall disclose to the Registrar information relating to any funds or other resources obtained by the party-

(a) from sources outside the United Republic, whether obtained directly or through sources within the United Republic

(b) from foreign organizations stationed within the United Republic

(c) from any person resident in the United Republic who is not a citizen of the United Republic; or

(d) from any source within the United Republic as may be prescribed in the regulations made under this Act,

Political Parties Act, 2019

2. Is there a ban on donations from foreign interests to candidates?
Code
No
Source

Article 11(4)

For the purpose of voluntary donations, a candidate may receive or accept donation for election expenses from an individual person or organization.

Election Expenses Act, 2010

3. Is there a ban on corporate donations to political parties?
Code
No
Source

Article 11 (1) A political party, may, for the purposes of financing election expenses, appeal for and receive voluntary donations from any individual or organization, in and outside the United Republic, provided that the source of every donation, exceeding shillings one million for an individual donor and shillings two million for an organization, shall, within thirty days of its receipt, be disclosed to the Registrar by the Board of Trustees of the political party concerned.

Election Expenses Act 2010, Section 11 (1)

Article 13 (1) The funds and other sources of political parties which have been fully registered shall derive from--

(a) membership fees;

(b) voluntary contributions;

(c) the proceeds of any investment, project or undertaking in which the party has an interest;

(d) subvention from the Government;

(e) donations, bequests and grants from any other source

(2) Subject to the provisions of Part III of the Election Expenses Act, every political party shall disclose to the Registrar information relating to any funds or other resources obtained by the party-

(a) from sources outside the United Republic, whether obtained directly or through sources within the United Republic

(b) from foreign organizations stationed within the United Republic

(c) from any person resident in the United Republic who is not a citizen of the United Republic; or

(d) from any source within the United Republic as may be prescribed in the regulations made under this Act,

Political Parties Act, 2019

4. Is there a ban on corporate donations to candidates?
Code
No
Source

Article 11(4)

For the purpose of voluntary donations, a candidate may receive or accept donation for election expenses from an individual person or organization.

Election expenses act, 2010

5. Is there a ban on donations from Trade Unions to political parties?
Code
No
6. Is there a ban on donations from Trade Unions to candidates?
Code
No
7. Is there a ban on anonymous donations to political parties?
Code
Yes
Source

Article 19 (1)

For the purposes of financial accountability under this Act, it shall be the duty of every candidate, and each political party, Non-Government Organization, Faith Based Organization and Community Based Organization which participated in activities referred to in subsection (3) of section 13 of this Act to keep records of..

..(b) names and postal, physical and electronic addresses of donors;

Election Expenses Act, 2010

Article 10(1) All voluntary donations made to a candidate or a political party shall be clearly recorded in Form EE.7 and EE.8, respectively-

(a) name and physical address of the donor

Election Expenses Regulation, 2010

8. Is there a ban on anonymous donations to candidates?
Code
Yes
Source

Article 19 (1)

For the purposes of financial accountability under this Act, it shall be the duty of every candidate, and each political party, Non-Government Organization, Faith Based Organization and Community Based Organization which participated in activities referred to in subsection (3) of section 13 of this Act to keep records of..

..(b) names and postal, physical and electronic addresses of donors;

Election Expenses Act, 2010

Article 10(1) All voluntary donations made to a candidate or a political party shall be clearly recorded in Form EE.7 and EE.8, respectively-

(a) name and physical address of the donor

Election Expenses Regulation, 2010

9. Is there a ban on donations from corporations with government contracts to political parties?
Code
No
10. Is there a ban on donations from corporations with government contracts to candidates?
Code
No
11. Is there a ban on donations from corporations with partial government ownership to political parties?
Code
No
12. Is there a ban on donations from corporations with partial government ownership to candidates?
Code
No
13. Is there a ban on the use of state resources in favour or against a political party or candidate?
Code
No
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?
Code
No
Comment

 

 

Source

Political Parties Act 2017

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
Not applicable
16. Is there a limit on the amount a donor can contribute to a political party during an election?
Code
No
17. If there is a limit on the amount a donor can contribute to a political party during an election, what is the limit?
Code
Not applicable
18. Is there a limit on the amount a donor can contribute to a candidate?
Code
No
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?
Code
Not applicable
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
Code
Yes, specific limit for candidates No
21. Is there a limit on in-kind donations to political parties?
Code
No
22. Is there a limit on in-kind donations to candidates?
Code
No
23. Is there a ban on political parties engaging in commercial activities?
Code
No
Source

13. Funds and other resources of party (1) The funds and other resources of political parties which have been fully registered shall derive from— (a) membership fees; (b) voluntary contributions; (c) the proceeds of any investment, project or undertaking in which the party has an interest; (d) subvention from the Government; (e) donations, bequests and grants from any other source.

Political Parties Act 2019

24. Is there a ban on political parties taking loans in relation to election campaigns?
Code
No
Source

9 (3) For the purpose of disclosure of funds in respect of returns of election expenses for a gift, loan, advance, deposit or donation, a political party shall fill in Form EE.5 specified in the Schedule of these Regulations and shall contain particulars referred to in Regulation 7(3) which shall be confidential and may only be used where the implementation of the Act requires to do so.

Election Expenses Regulations 2010

25. Is there a ban on candidates taking loans in relation to election campaigns?
Code
No
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
Code
No
27. Are there provisions requiring donations to go through the banking system?
Code
Yes
Source

Article 15

(1) Every political party which has been fully registered shall, through its trustees, maintain a bank account of the party in which all the money received by the party in accordance with Section 13, shall be deposited.

(2) Any subvention from the Government which is payable to political parties under this Act shall not be paid to a political party which does not maintain a bank account in accordance with this section. (3) Without prejudice to subsection (1), every political party receiving Government subvention shall maintain a separate bank account to be used only for depositing and expenditure of Government subvention.

The Political Parties Act, 2019

11 (2) Every political party shall ensure that all donations received by the party in the form of money are deposited in the special account opened by the party for election expenses and all election expenses shall be paid from that account.

Election Expenses Act, 2010 

Question Value
28. Are there provisions for direct public funding to political parties?
Code
Yes, regularly
Source

16. Grant of, and party qualification for, subvention

(1) The Government shall, subject to section 17, disburse up to not more than two per centum of the annual recurrent budget less the amount payable in defraying the national debt in the grant of subventions to political parties in pursuance of the provisions of this Act.

(2) The Government shall, in addition to the subvention referred to in subsection (1), grant an annual subvention to every qualifying political party in relation to its local government authority activities which shall be such an amount as the Minister may determine, and which shall be computed on the basis of the number of the members of the political party who are members of a district or urban council.

(3) No party shall qualify for the grant to it of a subvention in accordance with this Act unless— (a) it is a party which is fully registered under this Act; (b) it has, in the immediately preceding general or local government election, had any of its candidates elected to be a Member of Parliament or member of a local government authority.

Political Parties Act 2019

29. What are the eligibility criteria for political parties to receive public funding?
Code
  • Representation in elected body
  • Registration as a political party
Source

16. Grant of, and party qualification for, subvention

(1) The Government shall, subject to section 17, disburse up to not more than two per centum of the annual recurrent budget less the amount payable in defraying the national debt in the grant of subventions to political parties in pursuance of the provisions of this Act.

(2) The Government shall, in addition to the subvention referred to in subsection (1), grant an annual subvention to every qualifying political party in relation to its local government authority activities which shall be such an amount as the Minister may determine, and which shall be computed on the basis of the number of the members of the political party who are members of a district or urban council.

(3) No party shall qualify for the grant to it of a subvention in accordance with this Act unless— (a) it is a party which is fully registered under this Act; (b) it has, in the immediately preceding general or local government election, had any of its candidates elected to be a Member of Parliament or member of a local government authority.

Political Party Act 2019

30. What is the allocation calculation for political parties to receive public funding?
Code
Equal Proportional to votes received
Source

17. When, how and amount of subvention to be granted

(1) Subventions granted under this Act shall be disbursed to a qualifying political party once in every financial year and in such instalments as the Minister may, considering the prevailing economic and financial conditions, determine.

(2) The fund disbursable pursuant to section 16(1) as subvention to qualifying political parties shall be distributed as follows—

(a) fifty per centum of the funds shall be disbursed amongst qualifying parties on basis of the ratio between the number of parliamentary constituencies in the United Republic;

(b) the other fifty per centum of the funds shall be disbursed amongst qualifying parties each of which won not less than five per centum of all the valid votes cast in all constituencies in the United Republic, and shall be disbursed amongst those parties on the basis of the ratio between the total number of valid votes cast for the parliamentary candidates of a party and the total number of all the valid votes cast in the parliamentary election for all the qualifying parties.

Political Parties Act, 2019

31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)?
Code
  • Campaign spending
  • Ongoing party activities
  • Intra-party institution
Source

18. Application of and accounting for subvention (1) Subventions granted to a political party may be spent only on—

(a) the parliamentary activities of a political party;

(b) the civil activities of a political party;

(c) any lawful activity relating to an election in which a political party nominates a candidate;

(d) any other necessary or reasonable requirement of a political party.

Political Parties Act 2019

32. Are there provisions for free or subsidized access to media for political parties?
Code
Yes
Source

Article 53

(1) Subject to subsection (2), the candidates for the office of the Vice President of the United Republic and political parties participating in an election shall have the right to use state radio and television broadcasting service during the official period of election campaign. 

(2) The Commission shall, after consultations with the candidates, the political parties concerned and the officers responsible for the public media, coordinate the use of the broadcasting rights under this section

(3) Every print media owned by the government which publishes information relating to the electoral process shall be guided by the principle of total impartiality and shall refrain from any discrimination in relation to any candidate journalistically and in the amount of space dedicated to them.

(4) For the purpose of giving effect to this section, the Commission may in writing issue binding directives to any government owned media. 

National Elections Act, 2015

28 (1) The candidate for the Office of the President in an election shall have the right to utilize Government broadcasting services and television during election campaign in accordance with the provisions of the National Elections Act.

(2) The Government media shall include in the publications information relation to the electoral process without bias and such publication shall not tamper with information or discriminate against any candidate.

The Election Expenses Act, 2015

21 (1) During the election campaign, every Government broadcast media shall fix air time program at an equitable prime time for Presidential candidate of every political party to present and promote in the election manifesto to the public.

(2) For smooth implementation of this regulation, each political party participating in an election, shall submit a copy of the election manifesto for its political party to the management of Government broadcast media. 

22 (1) Every government newspaper shall fix a special column for every candidate of a political party contesting for an office of the President to promote the election manifesto of a political party which sponsors that candidate.

(2) A portrait of a candidate to be published in the Government newspaper shall be of such size as has been vetted and authorized by a political party concerned.

The Election Expenses Regulations, 2010

 

33. What criteria determine allocation for free or subsidized access to media for political parties?
Code
Equal
Source

Article 53

(1) Subject to subsection (2), the candidates for the office of the Vice President of the United Republic and political parties participating in an election shall have the right to use state radio and television broadcasting service during the official period of election campaign. 

(2) The Commission shall, after consultations with the candidates, the political parties concerned and the officers responsible for the public media, coordinate the use of the broadcasting rights under this section

(3) Every print media owned by the government which publishes information relating to the electoral process shall be guided by the principle of total impartiality and shall refrain from any discrimination in relation to any candidate journalistically and in the amount of space dedicated to them.

(4) For the purpose of giving effect to this section, the Commission may in writing issue binding directives to any government owned media. 

National Elections Act, 2015

28 (1) The candidate for the Office of the President in an election shall have the right to utilize Government broadcasting services and television during election campaign in accordance with the provisions of the National Elections Act.

(2) The Government media shall include in the publications information relation to the electoral process without bias and such publication shall not tamper with information or discriminate against any candidate.

The Election Expenses Act, 2015

21 (1) During the election campaign, every Government broadcast media shall fix air time program at an equitable prime time for Presidential candidate of every political party to present and promote in the election manifesto to the public.

(2) For smooth implementation of this regulation, each political party participating in an election, shall submit a copy of the election manifesto for its political party to the management of Government broadcast media. 

22 (1) Every government newspaper shall fix a special column for every candidate of a political party contesting for an office of the President to promote the election manifesto of a political party which sponsors that candidate.

(2) A portrait of a candidate to be published in the Government newspaper shall be of such size as has been vetted and authorized by a political party concerned.

The Election Expenses Regulations, 201

34. Are there provisions for free or subsidized access to media for candidates?
Code
Yes
Source

Article 53

(1) Subject to subsection (2), the candidates for the office of the Vice President of the United Republic and political parties participating in an election shall have the right to use state radio and television broadcasting service during the official period of election campaign. 

(2) The Commission shall, after consultations with the candidates, the political parties concerned and the officers responsible for the public media, coordinate the use of the broadcasting rights under this section

(3) Every print media owned by the government which publishes information relating to the electoral process shall be guided by the principle of total impartiality and shall refrain from any discrimination in relation to any candidate journalistically and in the amount of space dedicated to them.

(4) For the purpose of giving effect to this section, the Commission may in writing issue binding directives to any government owned media. 

National Elections Act, 2015

28 (1) The candidate for the Office of the President in an election shall have the right to utilize Government broadcasting services and television during election campaign in accordance with the provisions of the National Elections Act.

(2) The Government media shall include in the publications information relation to the electoral process without bias and such publication shall not tamper with information or discriminate against any candidate.

The Election Expenses Act, 2015

21 (1) During the election campaign, every Government broadcast media shall fix air time program at an equitable prime time for Presidential candidate of every political party to present and promote in the election manifesto to the public.

(2) For smooth implementation of this regulation, each political party participating in an election, shall submit a copy of the election manifesto for its political party to the management of Government broadcast media. 

22 (1) Every government newspaper shall fix a special column for every candidate of a political party contesting for an office of the President to promote the election manifesto of a political party which sponsors that candidate.

(2) A portrait of a candidate to be published in the Government newspaper shall be of such size as has been vetted and authorized by a political party concerned.

The Election Expenses Regulations, 2010

35. Are there provisions for any other form of indirect public funding?
Code
No
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?
Code
No
37. Are there provisions for other financial advantages to encourage gender equality in political parties?
Code
No
Question Value
38. Is there a ban on vote buying?
Code
Yes
Source

22. The following persons shall be deemed to commit unconscionable funding within the meaning of this Act:

(a) every person who corruptly, by himself or by any other person, on his behalf, either before, during or after the nomination process or election directly or indirectly gives, or provides or pays, wholly or in part, the expense of giving or providing food, drink, entertainment or provisions to or for any person, for the purpose of influencing that person, or any other person, to vote or to refrain from voting at such nomination process or election; and

(b) every person who corruptly accepts or takes any such food, drink, entertainment, or provision.

The Election Expenses Act 2010

39. Are there limits on the amount a political party can spend?
Code
Yes
Comment

Section 10(1) For the purpose of implementation of section 9 and this section, the Minister shall, by an order in the Gazette 

(a) prescribe the maximum amount of election expenses depending on - 

(i) the difference in the size of electoral constituency; 

(ii) categories of candidates;

(iii) population of people; and 

(iv) communication infrastructure; 

(b) vary the amount of election expenses to be used by political parties during election campaigns.

Election Expenses act 2010

Source

Election Expenses Act 2010

40. If there are limits on the amount a political party can spend, what is the limit?
Code
Limit determined by the 'Minister responsible for political parties'
Source

Section 10(1) For the purpose of implementation of section 9 and this section, the Minister shall, by an order in the Gazette 

(a) prescribe the maximum amount of election expenses depending on - 

(i) the difference in the size of electoral constituency; 

(ii) categories of candidates;

(iii) population of people; and 

(iv) communication infrastructure; 

(b) vary the amount of election expenses to be used by political parties during election campaigns.

Election Expenses act 2010

41. Are there limits on the amount a candidate can spend?
Code
Yes
Source

Section 10(1) For the purpose of implementation of section 9 and this section, the Minister shall, by an order in the Gazette 

(a) prescribe the maximum amount of election expenses depending on - 

(i) the difference in the size of electoral constituency; 

(ii) categories of candidates;

(iii) population of people; and 

(iv) communication infrastructure; 

(b) vary the amount of election expenses to be used by political parties during election campaigns.

Election Expenses act 2010

42. If there are limits on the amount a candidate can spend, what is the limit?
Code
Limit determined by Minister
Source

Section 10(1) For the purpose of implementation of section 9 and this section, the Minister shall, by an order in the Gazette 

(a) prescribe the maximum amount of election expenses depending on - 

(i) the difference in the size of electoral constituency; 

(ii) categories of candidates;

(iii) population of people; and 

(iv) communication infrastructure; 

(b) vary the amount of election expenses to be used by political parties during election campaigns.

(2) Where in exceptional circumstances, a political party or a candidate expends funds in excess of the amount prescribed under sub-section (1) that political party or the candidate, as the case may be, shall be required to make a report to the Registrar containing reasons for the use of excess funds.

Election Expenses act 2010

43. Are there limits on the amount that third parties can spend on election campaign activities?
Code
Yes, spending limit exists
Source

12 (1) A Non-Government Organization, Faith Based Organization or Community based organization which participates in advocaccy and public awareness shall not spend the amount of funds exceeding, in the case of-

(a) a country-wide based organization, Shillings one billion,

(b) a constituency based organization, Shillings one hundred million; and

(c) a ward based organization, Shillings ten million.

(2) Any organization referred to in subregulation (1) shall submit, an activity plan about how it intends to conduct advocacy and public awareness programmes relating to nomination process, election campaign or election.

(3) Programmes for advocacy and public awareness shall neither be used in discrimination of any candidate or a political party nor be used for purposes other than advocacy and public awareness.

Election Expenses Regulations 2010

44. Are there limits on traditional media advertising spending in relation to election campaigns?
Code
No
45. Are there limits on online media advertising spending in relation to election campaigns?
Code
No
46. Do any other restrictions on online media advertisement (beyond limits) exist?
Code
No
Question Value
47. Do political parties have to report regularly on their finances?
Code
Yes
Source

14. Submission of accounts and declaration of property (1) Every political party which has been fully registered shall— (a) maintain proper accounts of the funds and property of such political party; (b) submit to the Registrar— (i) an annual statement of the account of the political party audited by the Controller and Auditor-General and the report of the account; (ii) an annual declaration of all the property owned by the party. (2) The Registrar, after inspecting any accounts or report submitted pursuant to this section may, for the benefit of the members or the public, publish any matter relating to the funds, resources or property of any party or the use of such funds, resources or property
Political Parties Act 2019

48. Do political parties have to report on their election campaign finances?
Code
Yes
Source

18 (2) Every political party which sponsored a candidate shall, within one hundred and eighty days after the submission of the report by the candidate, transmit to the Registrar the report containing true returns in the prescribed form in relation to the candidate, a financial statement of all expenses incurred together with all bills and receipts or some other evidence of payment. 

(3) The report shall contain-

(a) a financial report of election expenses

(b) an account of all funds received by a candidate or any other person on his behalf for the purpose of election expenses incurred, with a statement of every payment and sources of those funds;

(c) statement by the candidate verifying the report and stating that no payment not permitted by the Act was made with his knowledge and consent to his knowledge and belief every expenses incurred are entered in the report of the political party

(d) the audit report thereon as required under this Act

Election Expenses Act 2010

8(1) A political party is required to disclose funds which it intends to use as election expenses, that political party shall fill in Form EE.3 specified in the Schedule of these Regulations

(2) The disclosure by a political party shall contain similar information required under Regulation 7(2) (amount of money, other types of funds which can be cashed or converted into money vlaue or money worth, sources of money or other type of funds, and any other thing intended to be used during election campaigns.

(3) Where a political party is required to disclose funds which it intends to use for presentation and promotion of candidates sponsored by that political party as election expenses that political party shall fill in Form EE.4 specified in the Schedule of these Regulations

10 (1) All voluntary donations made to a candidate or a political party shall be clearly recorded in Form EE.7 and Form EE.8 repectively-

(a) name and physical address of the donor

(b) name and physical address of the donee

(e) purpose of donation

(f) date of donation

(2) Voluntary donations made to a candidate or a political party shall be disclosed to the Registrar sequentially showing donations-

(a) from sources outside the United Republic, whether obtained directly or through sources within the United Republic

(b) from foreign organizations stationed within the United Republic, or

(c) from any person resident in the United Republic who is not a citizen of the United Republic

11. The report on funds expended in excess of the limits specified in subsection (2) of Section 10 of the Act, shall be made-

(a) in case of a political party, in Form EE.9 set out in the Schedule of these Regulations;

Elections Expenses Regulations 2010

49. Do candidates have to report on their election campaign finances?
Code
Yes
Source

18 (1) Any candidate who received funds as election expenses shall, within sixty days from the polling day, prepare and submit a verified report to the political party which sponsored that candidate in the election.

(2) Every political party which sponsored a candidate shall, within one hundred and eighty days after the submission of the report by the candidate, transmit to the Registrar the report containing true returns in the prescribed form in relation to the candidate, a financial statement of all expenses incurred together with all bills and receipts or some other evidence of payment. 

(3) The report shall contain-

(a) a financial report of election expenses

(b) an account of all funds received by a candidate or any other person on his behalf for the purpose of election expenses incurred, with a statement of every payment and sources of those funds;

(c) statement by the candidate verifying the report and stating that no payment not permitted by the Act was made with his knowledge and consent to his knowledge and belief every expenses incurred are entered in the report of the political party

(d) the audit report thereon as required under this Act

19 (1) For the purpose of financial accountability under this Act, it shall be the duty of every candidate, and each political party, a Non-Governmental Organization, a Faith Based Organization and a Community Based Organization which participated in activities referred to in subsection (3) of section 13 of this Act to keep records of--

(a) funds received for election expenses indicating the amount and the nature of funds received

(b) names and postal, physical and electronic addresses of donors

(c) funds anticipated to be received and their sources

(d) funds expended for nomination, election campaigns and election; and

(e) funds expended by candidates as nomination and election expenses.

Election Expenses Act 2010

7(1) A candidate, a political party and an organization shall comply with the requirement to disclose funds and sources of funds in a manner stipulated in the Act and these regulations

(2) A candidate required to disclose funds in his possession or expected to be received shall fill in form EE.1 specified in the Schedule to these Regulations

(3) Without prejudice to subregulation (2), the disclosure by a candidate shall contain information about-

(a) amount of money

(b) other type of funds which can be cashed or converted into money value or money worth;

(c) sources of money or other type of funds; and

(d) any other thing intended to be used during election campaigns

(4) For the implementation of subregulation (2), the candidate shall, in respect of funds expected to be received, state the projected amount and sources of funds.

9(1) A copy of disclosure of funds contained in Form EE.1 submitted by the candidate to the Secretary General attached with a Certificate specified in form EE.2 shall be forwarded by authorized officers to the Registrar at any earlier time being not more than seven days after the nomination day. 

(2) A copy of the form used for disclosure shall be sent by the candidate to the Registrar or an authorized officer by registered mail, fax, scanned electronic mail or physical delivery.

10 (1) All voluntary donations made to a candidate or a political party shall be clearly recorded in Form EE.7 and Form EE.8 repectively-

(a) name and physical address of the donor

(b) name and physical address of the donee

(e) purpose of donation

(f) date of donation

(2) Voluntary donations made to a candidate or a political party shall be disclosed to the Registrar sequentially showing donations-

(a) from sources outside the United Republic, whether obtained directly or through sources within the United Republic

(b) from foreign organizations stationed within the United Republic, or

(c) from any person resident in the United Republic who is not a citizen of the United Republic

11. The report on funds expended in excess of the limits specified in subsection (2) of Section 10 of the Act, shall be made-

(a) in case of a candidate, in Form EE.10 set out in the Schedule of these Regulations;

Elections Expenses Regulations 2010

50. Do third parties have to report on election campaign finances?
Code
Yes
Comment

Third parties for the purpose of this questions are non-government and faith based organization or community based organization that do advocacy and public awareness instead of partisan politics.

Source

19 (1)

For the purpose of financial accountability under this Act, it shall be the duty of every candidate, and each political party, a Non-Government Organization, a Faith Based Organization and a Community Based Organization which participated in activities referred to in subsection (3) o section 13 of this Act to keep records of--

(a) funds received for election expenses indicating the amount and the nature of funds received

(b) names and postal, physical and electronic addresses of donors

(c) funds anticipated to be received and their sources

(d) funds expended for nomination, election camapigns and election

(e) funds expended by candidates as nomination and election expenses

Election Expenses Act, 2010

7(1) a candidate, a political party and an organization shall comply with the requirement to disclose funds and sources of funds ina manner stipulated in the Act and these regulations.

9(4) An organization with is requied to disclose the source and amount of funds intended to be used for advocacy and public awareness shall fill in form EE.6 specified in the Schedule of these Regulations to which there shall be attached an activity plan.

Elections Expenses Regulation 2010

51. Is information in reports from political parties and/or candidates to be made public?
Code
Yes
Source

14. Submission of accounts and declaration of property

(1) Every political party which has been fully registered shall—

(a) maintain proper accounts of the funds and property of such political party;

(b) submit to the Registrar—

(i) an annual statement of the account of the political party audited by the Controller and Auditor-General and the report of the account;

(ii) an annual declaration of all the property owned by the party.

(2) The Registrar, after inspecting any accounts or report submitted pursuant to this section may, for the benefit of the members or the public, publish any matter relating to the funds, resources or property of any party or the use of such funds, resources or property.

(3) The Registrar shall publish in the official Gazette, an annual report on the audited accounts of every political party.

Political Party Act, 2019

52. Must reports from political parties and/or candidates reveal the identity of donors?
Code
Yes
Source

Section 19(1) of the Election Expenses Act 2010 states that for the purposes of financial accountability under this Act, it shall be the duty of every candidate, and each political party, Non-Governmental Organization, Faith Based Organization and Community Based Organization which participated in activities referred to in subsection (3) of section 13 of this Act to keep records of: 

(a) funds received for election expenses indicating the amount and the nature of funds received;

(b) names and postal, physical and electronic addresses of donors; 

(c) funds anticipated to be received and their sources; 

(d) funds expended for nomination, election campaigns and election; and 

(e) funds expended by candidates as nomination and election expenses.

Election Expenses Act 2010

53. Must reports from political parties and/or candidates include information on itemized income?
Code
Yes
Source

Section 19(1) of the Election Expenses Act 2010 states that for the purposes of financial accountability under this Act, it shall be the duty of every candidate, and each political party, Non-Governmental Organization, Faith-Based Organization and Community Based Organization which participated in activities referred to in subsection (3) of section 13 of this Act to keep records of (a) funds received for election expenses indicating the amount and the nature of funds received;
(b) names and postal, physical and electronic addresses of donors; (c) funds anticipated to be received and their sources; (d) funds expended for nomination, election campaigns and election; and (e) funds expended by candidates as nomination and election expenses.

Election Expenses Act 2010

14. For the purpose of Section 16 of the Act, the evidence of payment for election expenses shall include-

(a) bills and receipts stating particulars in respect of the payment; and

(b) where the circumstance under which the payment is made are such that a bill or receipt can not be easily obtained, a certification in writing by a person to whom the payment is effected stating-

(i) the amount effected

(ii) the date on which the amount was effected

(iii) the purpose of the payment, and 

(iv) the signature of a person to whom the payment is effected

15. (1) A candidate shall prepare a report on election expenses incurred by him during election campaigns and election 

(2) The report made pursuant to subregulation (1) shall contain information on-

(a) bills, receipts or any other certification, and

(b) amount of funds apportioned by his political party

(3) On completion of the report the candidate shall verify and submit this report to-

(a) in case of a Presidential candidate, to the Secretary General of a political party concerned

(b) in case of a Member of Parliament or a Councillor, to a person performing functions of the Secretary General within the District within sixty days following the date of notification by the political party of the amount apportioned to that candidate.

(4) For the purpose of the preceding provision of this regulation, the report shall be made in the Form EE.11 set out in the Schedule of these regulations

(6) The Secretary-General of the political party shall ask the Board of Trustees concerned to submit the report of true returns in Form EE.12 set out in the schedule to these Regulations containing particulars about-

(a) an account of or expenses incurred

(b) an account of funds received

(c) bills and receipts; and

(d) amount of funds apportioned to candidates sponsored by that party

Election Expenses Regulation 2010

54. Must reports from political parties and/or candidates include information on itemized spending?
Code
Yes
Source

Section 19(1) of the Election Expenses Act 2010 states that for the purposes of financial accountability under this Act, it shall be the duty of every candidate, and each political party, Non-Governmental Organization, Faith-Based Organization and Community Based Organization which participated in activities referred to in subsection (3) of section 13 of this Act to keep records of (a) funds received for election expenses indicating the amount and the nature of funds received;
(b) names and postal, physical and electronic addresses of donors; (c) funds anticipated to be received and their sources; (d) funds expended for nomination, election campaigns and election; and (e) funds expended by candidates as nomination and election expenses.

Election Expenses Act 2010

14. For the purpose of Section 16 of the Act, the evidence of payment for election expenses shall include-

(a) bills and receipts stating particulars in respect of the payment; and

(b) where the circumstance under which the payment is made are such that a bill or receipt can not be easily obtained, a certification in writing by a person to whom the payment is effected stating-

(i) the amount effected

(ii) the date on which the amount was effected

(iii) the purpose of the payment, and 

(iv) the signature of a person to whom the payment is effected

15. (1) A candidate shall prepare a report on election expenses incurred by him during election campaigns and election 

(2) The report made pursuant to subregulation (1) shall contain information on-

(a) bills, receipts or any other certification, and

(b) amount of funds apportioned by his political party

(3) On completion of the report the candidate shall verify and submit this report to-

(a) in case of a Presidential candidate, to the Secretary General of a political party concerned

(b) in case of a Member of Parliament or a Councillor, to a person performing functions of the Secretary General within the District within sixty days following the date of notification by the political party of the amount apportioned to that candidate.

(4) For the purpose of the preceding provision of this regulation, the report shall be made in the Form EE.11 set out in the Schedule of these regulations

(6) The Secretary-General of the political party shall ask the Board of Trustees concerned to submit the report of true returns in Form EE.12 set out in the schedule to these Regulations containing particulars about-

(a) an account of or expenses incurred

(b) an account of funds received

(c) bills and receipts; and

(d) amount of funds apportioned to candidates sponsored by that party

Election Expenses Regulation 2010

55. Which institution(s) receives financial reports from political parties and/or candidates?
Code
  • Ministry
  • Auditing agency
Source

4. Establishment of Office of Registrar (1) There shall be an office of the Registrar of Political Parties which shall be an autonomos institution under the Ministry responsible for political parties

(5) Without prejudice to subsection (4), the functions of the office of the Registrar shall be to—

(c) disburse and monitor accountability of Government subvention to political parties which qualify under this Act;

(d) provide guidelines and monitor income and expenditures of political parties and accountability of party resources;

14. Submission of accounts and declaration of property (1) Every political party which has been fully registered shall— (a) maintain proper accounts of the funds and property of such political party; (b) submit to the Registrar— (i) an annual statement of the account of the political party audited by the Controller and Auditor-General and the report of the account; (ii) an annual declaration of all the property owned by the party. (2) The Registrar, after inspecting any accounts or report submitted pursuant to this section may, for the benefit of the members or the public, publish any matter relating to the funds, resources or property of any party or the use of such funds, resources or property. (3) The Registrar shall publish in the official Gazette, an annual report on the audited accounts of every political party.

Political Parties Act 2019

4. The Registrar of Political Parties shall be responsible for supervision and administration of election expenses under this Act

5(1) For the purpose of an investigation or examination under this Act, the Registrar or his representative authorized in writing may, at any reasonable time enter into any premises in which books, papers and documents of a political party or a candidate relevant to the subject matter of the investigation are kept.

6(1) The Registrar may request for any information relating to the election expenes of a political party or a candidate that is reasonably required in respect of his duties under this Act

Election Expenses Act 2010

56. Which institution(s) is responsible for examining financial reports and/or investigating violations?
Code
  • Ministry
  • Auditing agency
Source

4. Establishment of Office of Registrar (1) There shall be an office of the Registrar of Political Parties which shall be an autonomos institution under the Ministry responsible for political parties

(5) Without prejudice to subsection (4), the functions of the office of the Registrar shall be to—

(c) disburse and monitor accountability of Government subvention to political parties which qualify under this Act;

(d) provide guidelines and monitor income and expenditures of political parties and accountability of party resources;

14. Submission of accounts and declaration of property (1) Every political party which has been fully registered shall— (a) maintain proper accounts of the funds and property of such political party; (b) submit to the Registrar— (i) an annual statement of the account of the political party audited by the Controller and Auditor-General and the report of the account; (ii) an annual declaration of all the property owned by the party. (2) The Registrar, after inspecting any accounts or report submitted pursuant to this section may, for the benefit of the members or the public, publish any matter relating to the funds, resources or property of any party or the use of such funds, resources or property. (3) The Registrar shall publish in the official Gazette, an annual report on the audited accounts of every political party.

Political Parties Act 2019

4. The Registrar of Political Parties shall be responsible for supervision and administration of election expenses under this Act

5(1) For the purpose of an investigation or examination under this Act, the Registrar or his representative authorized in writing may, at any reasonable time enter into any premises in which books, papers and documents of a political party or a candidate relevant to the subject matter of the investigation are kept.

6(1) The Registrar may request for any information relating to the election expenses of a political party or a candidate that is reasonably required in respect of his duties under this Act

19(4) All records relating to funds used as election expenses shall be audited by the Controller and Auditor-General in accordance with the provisions of the Political Parties Act.

Election Expenses Act 2010

57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
Code
Refer for investigation Carry out investigation Request additional information from potential violator Impose sanctions
Source

4. Establishment of Office of Registrar (1) There shall be an office of the Registrar of Political Parties which shall be an autonomos institution under the Ministry responsible for political parties

(5) Without prejudice to subsection (4), the functions of the office of the Registrar shall be to—

(c) disburse and monitor accountability of Government subvention to political parties which qualify under this Act;

(d) provide guidelines and monitor income and expenditures of political parties and accountability of party resources;

14. Submission of accounts and declaration of property (1) Every political party which has been fully registered shall— (a) maintain proper accounts of the funds and property of such political party; (b) submit to the Registrar— (i) an annual statement of the account of the political party audited by the Controller and Auditor-General and the report of the account; (ii) an annual declaration of all the property owned by the party. (2) The Registrar, after inspecting any accounts or report submitted pursuant to this section may, for the benefit of the members or the public, publish any matter relating to the funds, resources or property of any party or the use of such funds, resources or property. (3) The Registrar shall publish in the official Gazette, an annual report on the audited accounts of every political party.

Political Parties Act 2019

4. The Registrar of Political Parties shall be responsible for supervision and administration of election expenses under this Act

5(1) For the purpose of an investigation or examination under this Act, the Registrar or his representative authorized in writing may, at any reasonable time enter into any premises in which books, papers and documents of a political party or a candidate relevant to the subject matter of the investigation are kept.

6(1) The Registrar may request for any information relating to the election expenes of a political party or a candidate that is reasonably required in respect of his duties under this Act

20(1) A political party, which, and every candidate who is required under the provisions of this Act to disclose the amount and sources of funds intended to be used as election expenses fails to disclose such funds, shall, in the absence of any reasonable explanation, render itself or himself liable for disqualification from continuing to participate in the election.

(2) Where after hearing a presentation by a political party or the candidate concerned, the Registrar is satisfied that such a party or a candidate is liable for disqualification from continuing to participate in the election, the Registrar shall file an objection with the Director of Elections

(3) Upon receipt of an objection filed by the Registrar, the National Electoral Commission may issue an order disqualifying the political party or the candidate.

24 (3) Where a candidate or his agent or his political party commits an act which amounts to a prohibited practice in respect of which no action was taken, the Attorney General may institute criminal proceedings or an election petition against that candidate.

Election Expenses Act 2010

58. What sanctions are provided for political finance infractions?
Code
  • Fines
  • Prison
  • Loss of public funding
  • Deregistration of party
  • Loss of nomination of candidate
  • Loss of political rights
Source

5B. Powers of Registrar to demand information from political parties (1) The Registrar may, in the execution of functions and responsibilities under this Act, demand from a political party or a leader any information as may be required for implementation of this Act. (2) A political party which contravenes subsection (1) shall be liable to a fine of not less than one million shillings but not exceeding ten million shillings. (3) A leader of a political party who contravenes this section or provides false information to the Registrar, commits an offence

13 (3) Any official of any political party or other person liable to disclose information to the Registrar on behalf of any party relating to the funds or other resources of the party who fails to disclose such information or gives false information in relation to such funds or resources obtained by a party, commits an offence and shall be liable on conviction to a fine equal to the amount or the value of the resources not disclosed or in relation to which false information was given or to imprisonment for a term of not exceeding twelve months or to both.

18. Application of and accounting for subvention (1) Subventions granted to a political party may be spent only on— (a) the parliamentary activities of a political party; (b) the civil activities of a political party; (c) any lawful activity relating to an election in which a political party nominates a candidate; (d) any other necessary or reasonable requirement of a political party. (2) Subventions granted to a political party shall be accounted for to the Registrar, separately from the accounting for other funds of the political party. (3) Any party which fails or neglects to account for subventions in accordance with this Act, shall forfeit the right to any subsequent subvention due to the party in accordance with this Act. (4) Where the Registrar is for any reasonable cause, dissatisfied with any account of subventions submitted by any party, so much of the subvention which has not been accounted for or has not been accounted for satisfactorily, shall be deducted from any subsequent subvention due to the party. (5) If by reason of failure to submit an account or for any other reason, the Registrar has reason to suspect that any offence under the Penal Code may have been committed in relation to the money which has not been accounted for, he may make a report to a police station, and the officer in charge of that police station shall cause the matter to be investigated. (6) The Registrar may suspend grant of subvention to a political party for specified period where he has evidence that management of the political party which includes its trustees is not able to account for or supervise accountability of such funds. (7) A political party which receives a disclaimer audit report shall be denied subsequent subvention for six months. (8) The Registrar may, at any time, where he is dissatisfied with management of the resources of a political party, request the Controller and Auditor-General to carry out a special audit.

21E. Suspension from conducting political activities (1) Without prejudice to the generality of the power conferred by this Act, the Registrar may suspend any member of a political party who has contravened any provision of this Act from conducting political activities.

Political Party Act 2019

20(1) A political party, which, and every candidate who is required under the provisions of this Act to disclose the amount and sources of funds intended to be used as election expenses fails to disclose such funds, shall, in the absence of any reasonable explanation, render itself or himself liable for disqualification from continuing to participate in the election.

(2) Where after hearing a presentation by a political party or the candidate concerned, the Registrar is satisfied that such a party or a candidate is liable for disqualification from continuing to participate in the election, the Registrar shall file an objection with the Director of Elections

(3) Upon receipt of an objection filed by the Registrar, the National Electoral Commission may issue an order disqualifying the political party or the candidate.

24 (1) Any candidate who, by himself, his agent or by his political party which commits an act amounting to a prohibited practice as stipulated in this Part shall himself or itself be liable for disqualification from participation in the election. 

 (3) Where a candidate or his agent or his political party commits an act which amounts to a prohibited practice in respect of which no action was taken, the Attorney General may institute criminal proceedings or an election petition against that candidate.

Election Expenses Act 2010

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