Political Parties Act

This Act may be cited as the Political Parties Act.

Defines "Section" as an association of citizens with an identifiable ideology or programme constituted to influence public policy or to nominate candidates to contest elections.

Two or more political parties may form a coalition (or coalition political party) and must deposit the coalition agreement with the Registrar; timing rules require deposit at least three months before an election (or at least 120 days for a coalition political party), within 21 days if entered after an election, and the agreement must set out matters in the Third Schedule.

The section governs how political parties may merge, requiring written, duly executed decisions, deposit of merger agreements with the Registrar within 21 days, and sets out Registrar actions, membership consequences, special rules for certain officeholders, and rules about reuse of party identifiers.

Public officers are prohibited from founding or holding office in a political party, engaging in political activity that compromises neutrality, or publicly supporting or opposing any party or candidate.

A person who is disqualified from holding public office under the Constitution, this Act or any other written law must not hold office in the governing body of a political party or be its founding member.

Rules on resignation from a political party: who to notify, that the resignation takes effect on receipt, Registrar notification timing, removal from membership list, prohibition on dual membership, and an offence for suppressing lawful political activity with fines or imprisonment.

Rules for when a political party member is deemed to have resigned, steps the party must take, Registrar actions for removing a member from the register, and an exemption for merger/coalition situations.

Before expelling a member under subsection (1), a political party must give that member a fair opportunity to be heard according to the party's internal disputes resolution mechanism; subsection (1) allows expulsion if the person contravenes the party constitution.

Provisionally registered political parties are entitled to hold public meetings, receive State security assistance for peaceful meetings, and be given fair access to State-owned media; provisional registration does not entitle parties to organise or campaign in connection with any election, and contravention bars full registration.

Political parties must submit a written declaration of assets and contributions within 60 days of full registration; the Registrar must publish that declaration within 30 days of receipt; failure to comply or submitting a materially false declaration is listed as misconduct; a fully registered party shall be deregistered if it does not present a candidate in two consecutive general elections.

Political parties must keep detailed records (member register, constitution, policies, financial and property particulars and other particulars the Registrar prescribes); persons who interfere with those records commit an offence; party members may inspect and copy those records during working hours on payment of a prescribed fee.

The Registrar may require political parties to furnish records or information for inspection and may copy them; the chairperson or secretary-general must comply with such notices and failure to comply is an offence.

Fully registered political parties must hold national and county party-organ meetings according to their party constitution; parties intending public meetings must comply with laws on public meetings.

Political parties must publish notifications of specified changes in a nationwide daily newspaper and on their official website; after 14 days they may effect the change, must notify the Registrar of the decision and actual changes, must inform the Registrar how objections were dealt with, and the Registrar must confirm the change within 14 days of notification.

The Registrar may serve written notices, suspend or deregister political parties for specified contraventions; registrars must publish deregistration notices and parties may seek review within set time limits.

Members of a deregistered political party who hold elective constitutional offices at the time of deregistration continue to hold their office for the remainder of the term, either as members of another party or as independents.

Political parties may be formed in Kenya to pursue purposes not contrary to the Constitution or any written law, subject to the Constitution and this Act.

Associations or organisations may not operate as political parties unless registered; the Registrar must not register those that do not meet Article 91 requirements.

A political party recruit and enlist members.

An association or organisation may apply in writing to the Registrar to reserve a name, symbol and slogan; if not already reserved by another association the Registrar shall reserve it for ninety days and must notify the applicant in writing within fourteen days.

Rules for provisional registration: associations may apply to the Registrar for provisional registration; provisionally registered parties must apply for full registration within 180 days and are not entitled to participate in an election.

An application for provisional registration must be in writing, must be signed by the applicants (who must not be more than two-thirds of the same gender), and the application must include the listed items (name, constitution, ideology, minutes, undertaking, prescribed fee) and a request to register symbol and slogan.

Sets the conditions and documentary requirements for full registration of a political party, the Registrar's duties to issue certificates, disqualifications, and rules for coalition parties.

Parties with certain names must not be registered when the name is obscene or offensive.

Party constitutions or rules must include matters in the Second Schedule; they must limit any single gender to no more than two-thirds of membership; the Registrar may require a party to amend its name, constitution or rules, and parties must amend within three months of a written notice.

Establishes the Political Parties Fund and requires that it be administered by the Registrar.

The National Assembly may determine that the Fund receive funds of not less than 0.3% of the national government's share of revenue; the Fund may also receive contributions and donations from any lawful source. The Fund's year-end balance shall be retained for its established purposes, subject to public finance law.

Specifies how the Fund is to be distributed among political parties (70%, 15%, 10%, and 5%) and defines "office bearers" and how votes are computed for distribution and gender/representation conditions.

Section 26 lists permitted purposes for political party funds, restricts other uses, requires transparency in procurement, mandates that coalition funds be distributed by the Registrar per the coalition agreement, and states that contravening this section is an offence.

Section 27 lists permitted other sources of funds for political parties, allows specified foreign technical assistance but forbids provision of assets as part of that assistance, and requires political parties to disclose full particulars of all funds or resources to the Registrar.

Section 28 forbids political parties from receiving funds from non-citizens contrary to section 27(1)(c); caps contributions from any person or organisation at five percent of a party's total annual expenditure (with an exception for founding members in the first year); requires disclosure of party funds to the Registrar and prescribes fines or imprisonment for false or omitted disclosures; parties receiving amounts above the five percent cap must forfeit the excess to the State.

Political parties must publish specified financial information (funds received, donations, income/expenditure, assets/liabilities) and must publish it in at least one nationwide newspaper and on the party’s official website; failure is an offence and leads to disqualification from Fund monies during non-compliance.

A political party must, at least ninety days before a general election, submit to the Registrar a register of its members and a statement of its assets and liabilities in the prescribed form.

Political parties must keep proper accounts and submit them to the Auditor‑General within three months after each financial year; the Registrar may request audits; any person may inspect audited accounts on payment of a prescribed fee.

The Office of Registrar of Political Parties must keep proper books of account of its income, expenditure and assets; all accounts must be audited by the Auditor-General at least once in every financial year.

Section 33 establishes the Office of the Registrar of Political Parties, sets its corporate status and independence, provides for a Registrar and three Assistant Registrars (gender limit), staff engagement powers, qualification and disqualification rules, oath-taking, a single six-year non-renewable term, and post-service ineligibility for certain elective offices for five years.

The Registrar must register, regulate, monitor, investigate and supervise political parties to ensure compliance with the Act.

When there is a vacancy in the Registrar of Political Parties or Assistant Registrar, the President must appoint a person to that office with the approval of the National Assembly, selecting from nominees forwarded by the Public Service Commission under the Sixth Schedule.

The Registrar must establish and use a political parties management information system, ensure the technology is simple, accurate, verifiable, secure, accountable and transparent, and make Regulations to carry this section into effect.

The Registrar must notify a political party of any change made to its records under subsection (1); a political party may appeal the Registrar's decision under subsection (1) to the Tribunal.

Section 35 deleted.

The Sixth Schedule applies to the procedure for the appointment of the Registrar and Assistant Registrars.

Sets grounds and procedures for removal of the Registrar or Assistant Registrar, requires a written petition to the Public Service Commission, mandates the PSC to forward valid petitions to the President, establishes a Tribunal to investigate and make a binding recommendation, and requires the President to act on that recommendation within thirty days.

Establishes a Political Parties Liaison Committee and states its principal function is to provide a platform for dialogue between the Registrar, Commission and political parties.

Lists methods for conducting party nominations and specifically mentions a "direct party nomination method."

Establishes party structures to set up mechanisms for resolving disputes arising out of nominations.

Registered members may participate in a party's nominations; parties must use a certified register and apply to the Registrar at least twenty-one days before nominations; the Registrar must issue a certified copy within seven days; parties must not allow non-registered persons to participate, except that coalition nominees may participate only if they are registered members of a party forming the coalition.

A political party must make the register of members used in party nominations accessible to its registered members.

Political parties must publish the dates and venues of their nominations on the party website; the Registrar must publish the dates and venues of political party nominations on the Registrar's website.

Requires posting, at each nomination venue, a list of party members eligible to participate and provision of ballot materials (ballot papers, ballot boxes, copy of the members register, pens, and nomination results slips), and requires setting out the body within the party to conduct nominations and the intended procedure.

Section 38G sets out procedural requirements for conducting indirect party nominations, including selecting delegates from registered party members; submitting the list of delegates to the Registrar at least seven days before the nominations; specifying the date, venue and polling process; and specifying interview mode and the internal party body to conduct interviews.

Makes and deposits a self declaration form in the prescribed form under the Leadership and Integrity Act (Cap. 7L).

A political party must resolve any disputes arising out of the party nominations within thirty days after the date of the party nominations.

Section 39 establishes the Political Parties Disputes Tribunal, sets its composition, service terms, qualifications and quorum.

Sets qualifications, term, service arrangements and disqualifications for ad hoc members of the Tribunal.

The Tribunal has jurisdiction over listed political party disputes (between members, between a member and a party, between parties, between an independent candidate and a party, between coalition partners, appeals from the Registrar, and disputes arising from party nominations). The Tribunal must not hear or determine disputes under paragraphs (a), (b), (c), (e) or (fa) unless a party adduces evidence that they attempted internal party dispute resolution mechanisms.

The Tribunal must decide disputes quickly and in any event within three months of lodging; it must apply rules of evidence and procedure (with necessary modifications); it has High Court powers to punish contempt; the Chief Justice may make regulations in consultation with the Tribunal.

A member of the Tribunal is removed if they become an undischarged bankrupt.

The Judicial Service Commission must appoint the Secretary and any other staff of the Tribunal necessary for its proper functioning.

The Chairperson and members of the Tribunal are to be paid allowances and reimbursed expenses; the Judicial Service Commission determines those allowances (on recommendation of the Salaries and Remuneration Commission) and, pending that Commission's establishment, determines them in consultation with Treasury. Tribunal staff remuneration and expenses are to be paid from monies allocated by the National Assembly to the Judiciary Fund.

Section 45 lists offences (failing to furnish required information; making false statements; enlisting another without consent), rules deeming office-holders and company officers to have committed offences when a political party commits an offence, a court/tribunal defence of due diligence, permitted sanctions in subsection (5), continuation in office despite suspension, and an offence for the Registrar or an employee who knowingly subverts objectives.

If a person is convicted of an offence under this Act for which no penalty is prescribed, they shall be liable to a fine of not less than one million shillings, or to imprisonment for not less than two years, or to both.

Offences under this Act are cognizable by the police.

Registrar must notify the Attorney-General when a political party is deregistered or declared prohibited; the Attorney-General must apply to wind up the party and deal with its property; the High Court must make just and equitable orders.

The Registrar may make regulations to better carry out the Act, including rules on registration, activities, names/symbols/colours, forms, audited accounts, fees, and returns for political parties.

The Political Parties Act, 2007 is repealed.

Section 51 contains transitional provisions: existing political parties and certain office-holders, registers, records, proceedings and references continue or are treated as valid under the new Act, with specified temporary exemptions and rules lasting until after the first elections under the Constitution; an 180-day compliance period is provided for existing parties.