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Political Finance Database

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Kenya

2016

2018

2023

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 data
2. Is there a ban on donations from foreign interests to candidates?	Code No Comment Though ban seems limited to direct contributions from foreign governments.
3. Is there a ban on corporate donations to political parties?	Code No Comment Ban does not apply to corporate donations to political parties as long as they come from a lawful source.
4. Is there a ban on corporate donations to candidates?	Code No Comment BLANK
5. Is there a ban on donations from Trade Unions to political parties?	Code No Comment The law provides that donations can be made to political parties by any entity as long as it is? from a lawful source.
6. Is there a ban on donations from Trade Unions to candidates?	Code No Comment BLANK
7. Is there a ban on anonymous donations to political parties?	Code Yes
8. Is there a ban on anonymous donations to candidates?	Code Yes Comment BLANK
9. Is there a ban on donations from corporations with government contracts to political parties?	Code No Source Ban on donation from companies in which the state has a 'controlling interest'
10. Is there a ban on donations from corporations with government contracts to candidates?	Code No Source Art 14.1, '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.'Art 2.1, ''public resource' includes-(a)monies intended for public use;(b)a vehicle or equipment owned by or'in the possession of the State, a state organ, statutory corporation or a company in which tits State owns a controlling interest; or(c)premises owned or occupied by the State, a state organ, statutory corporation or a company in which the State owns a controlling interest;' (Source: The Election Campaign Financing Act, Act 42 of 2013, Date of Assent 24 December 2013)
11. Is there a ban on donations from corporations with partial government ownership to political parties?	Code Yes Source Ban on donation from companies in which the state has a 'controlling interest'
12. Is there a ban on donations from corporations with partial government ownership to candidates?	Code Yes Comment Ban on donations from companies in which the state has a 'controlling interest'. Source Art 14.1, '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.'Art 2.1, ''public resource' includes-(a)monies intended for public use;(b)a vehicle or equipment owned by or'in the possession of the State, a state organ, statutory corporation or a company in which tits State owns a controlling interest; or(c)premises owned or occupied by the State, a state organ, statutory corporation or a company in which the State owns a controlling interest;' (Source: The Election Campaign Financing Act, Act 42 of 2013, Date of Assent 24 December 2013)
13. Is there a ban on the use of state resources in favour or against a political party or candidate?	Code Yes
14. Is there a limit on the amount a donor can contribute to a political party during a non-election specific period?	Code Yes, for both natural and legal persons Comment Annual contribution limits to a political party do not apply to donations (in cash or in-kind) made by founding member of the party as his/her contribution to the initial assets of the party within the first year of existence. Source 28. (2) 'Subject to subsection (6), no person or organization shall, in any one year, contribute to a political party an amount, whether in cash or in kind exceeding five percent of the total expenditure of the political party'. The total expenditure shall be in relation to the audited accounts of the political party of the 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 5% of total expenditure of the party in the previous year Comment The not more than 5% limit of the total expenditure of a political party does 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. .
16. Is there a limit on the amount a donor can contribute to a political party during an election?	Code Yes, for both natural and legal persons Comment Limits for election campaigns to be set by the EMB for each election Source Art 12.1, 'The Commission shall, at least twelve months before a general election, by notice in the Gazette, prescribing limits on?(a)total contributions;(b)contributions from a single source;(c)paid-up media coverage;(d)loan forming part of a contribution,which a candidate, political party or referendum committee may receive during the expenditure period.' (Source: The Election Campaign Financing Act, Act 42 of 2013, Date of Assent 24 December 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?	Code Limits for election campaigns to be set by EMB for each election Comment BLANK
18. Is there a limit on the amount a donor can contribute to a candidate?	Code Yes, for both natural and legal persons Comment Limits for election campaigns to be set by EMB for each election. Source Art 12.1, 'The Commission shall, at least twelve months before a general election, by notice in the Gazette, prescribing limits on?(a)total contributions;(b)contributions from a single source;(c)paid-up media coverage;(d)loan forming part of a contribution,which a candidate, political party or referendum committee may receive during the expenditure period.' (Source: The Election Campaign Financing Act, Act 42 of 2013, Date of Assent 24 December 2013)
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit?	Code Limits for election campaigns to be set by EMB for each election
20. Is there a limit on the amount a candidate can contribute to their own election campaign?
21. Is there a limit on in-kind donations to political parties?
22. Is there a limit on in-kind donations to candidates?
23. Is there a ban on political parties engaging in commercial activities?
24. Is there a ban on political parties taking loans in relation to election campaigns?
25. Is there a ban on candidates taking loans in relation to election campaigns?
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes?
27. Are there provisions requiring donations to go through the banking system?

Question	Value
28. Are there provisions for direct public funding to political parties?	Code Yes, regularly Comment The Political Parties Fund administered by the Registrar of political? parties. The sources of funds among others include not less than 0.3% of the revenue? collected by the national government.
29. What are the eligibility criteria for political parties to receive public funding?	Code Share of votes in previous election More than two-thirds of its registered office bearers are not of the same gender Comment Funding is only available to political parties that won 5% of the number of votes at the preceding general elections, and ensuring that not more than two-thirds of its registered office bearers are of the same gender.
30. What is the allocation calculation for political parties to receive public funding?	Code Proportional to votes received Comment 95% of the funds are allocated proportionately to votes won in the preceding general elections; 5% for administration expenses of the fund.
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 civic education and related activities Comment The purposes include promoting representation of women and traditionally marignalised groups; promote active political participation by citizens; election expenses; civic education; shaping public opinion; admin & staff expenses (not more than 30%).
32. Are there provisions for free or subsidized access to media for political parties?	Code Yes
33. What criteria determine allocation for free or subsidized access to media for political parties?	Code Equal Comment The political party must be registered by the registrar of political parties.
34. Are there provisions for free or subsidized access to media for candidates?	Code No Comment Only to political parties
35. Are there provisions for any other form of indirect public funding?	Code Political parties are entitled to protection and assistance of state security agencies in facilitating meetings. Comment Political parties are entitled to protection and assistance of state security agencies in facilitating meetings.
36. Is the provision of direct public funding to political parties tied to gender equality among candidates?	Code Yes Comment Technically the provision relates to the share of elected officials, not its candidates. A party is not eligible for funding if more than 2/3 of its elected officials are of one gender.
37. Are there provisions for other financial advantages to encourage gender equality in political parties?	Code No Comment The only financial advantages to encourage gender equality in political parties is entitlement to the political parties Fund.

Question	Value
38. Is there a ban on vote buying?	Code Yes Comment Anyone who buys or sells votes is liable, on conviction, to a fine not exceeding one million shilling [I$ 23,000], to imprisonment for a term not exceeding six years, or to both.
39. Are there limits on the amount a political party can spend?	Code Yes
40. If there are limits on the amount a political party can spend, what is the limit?	Code Determined by the EMB for each election
41. Are there limits on the amount a candidate can spend?	Code Yes Comment Determined by the EMB for each election
42. If there are limits on the amount a candidate can spend, what is the limit?	Code Determined by the EMB for each election
43. Are there limits on the amount that third parties can spend on election campaign activities?
44. Are there limits on traditional media advertising spending in relation to election campaigns?
45. Are there limits on online media advertising spending in relation to election campaigns?
46. Do any other restrictions on online media advertisement (beyond limits) exist?

Question	Value
47. Do political parties have to report regularly on their finances?	Code Yes Comment Political parties are required to publish sources of funds within ninety days of the end of its financial year. Parties are also required within ninety days before a general election, submit to the registrar a register of its members and a statement of its assest and liabilities.
48. Do political parties have to report on their election campaign finances?	Code Yes
49. Do candidates have to report on their election campaign finances?	Code Yes Comment Only independent candidates report directly to the EMB. Candidates nominated by a political party report via their political party.
50. Do third parties have to report on election campaign finances?
51. Is information in reports from political parties and/or candidates to be made public?	Code Yes Comment Parties have to publish annual reports. For campaign finance reports, there is no mention that expenditure information needs to be made public, whereas information about donations is 'confidential'.
52. Must reports from political parties and/or candidates reveal the identity of donors?	Code Sometimes Comment Donations during election campaigns should be disclosed if they exceed a limit; the limit is to be decided by the EMB.
53. Must reports from political parties and/or candidates include information on itemized income?
54. Must reports from political parties and/or candidates include information on itemized spending?
55. Which institution(s) receives financial reports from political parties and/or candidates?	Code EMB Auditing agency Comment Political parties are required to submit to the Auditor-General the accounts of the political party in respect of that year. The Auditor-General is required to audit the accounts of political parties annually and audited accounts are submitted to the registrar and tabled in the national assembly.Campaign finance reports are submitted to the EMB.
56. Which institution(s) is responsible for examining financial reports and/or investigating violations?	Code Auditing agency Special agency for political finance Comment The Auditor-General, the Registrar of Political Parties and the EMB.
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations?
58. What sanctions are provided for political finance infractions?	Code Fines Prison Forfeiture Loss of public funding Loss of nomination of candidate Loss of political rights Other Comment Sanctions also include warnings, and prohibiting candidates/parties from campaigning during certain times or in certain areas. Violators may also be banned from participating in future elections.

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