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

(1) Within three months after –

• in the case of a candidate declared to be a successful candidate at return of the writs for an election – the date of the return of the writs; and
• in the case of a candidate declared to be a successful candidate by a Court of Disputed Returns – the date of the declaration by the Court,

a successful candidate shall lodge with the Registrar a financial return specifying –

• details of the contributions received by him; and
• details of the expenditure incurred by him,
  for or in connection with his candidature at the election.

(2) A financial return under Subsection (1) shall contain –

(a)          in respect of each contributor –

• the full name and address of each contributor; and
• the date of receipt of the contribution; and
• where the contribution was made in cash – the amount; and
• where the contribution was not made in cash – the nature and value of the contribution; and

(b)          in respect of each item of expenditure –

• the full name and address of each recipient of expenditure; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure.

(3) Where a financial return lodged with the Registrar under Subsection (1) –

• is not complete; and
• lacks detail or substance in any respect,

the Commission may require the registered political party or the candidate to furnish such further information as the Commission may direct.

1. A successful candidate, who fails to file a financial return as required by this section, is guilty of an offence.

Penalty: A fine not exceeding K2, 000.00.

Default penalty: A fine not exceeding K20.00.

1. A successful candidate, who has not filed a financial return as required by this section, is guilty of misconduct in office under the Leadership Code.

Source: Article 89, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(5) A non-citizen, who makes a contribution to –

• a registered political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election, shall, within 30 days of receiving a contribution from a non-citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the non-citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed. (8) A –

• registered political party which; or
• candidate who,

fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed

Source: Article 81, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(5) A citizen, who makes a contribution to –

• a political party; or
• a candidate at an election,

shall, within 30 days of making the contribution, inform the Registrar of –

• the amount of the contribution; and
• the name of the political party or candidate, as the case may be, to which or whom the contribution was made; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(6) A person, who fails to comply with Subsection (5), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

(7) A –

• registered political party; or
• candidate at an election,

shall, within 30 days of receiving a contribution from a citizen, inform the Registrar of –

• the amount of the contribution; and
• the name of the citizen from whom the contribution was received; and
• the date on which the contribution was made; and
• such other matters concerning the contribution as may be prescribed.

(8) A –

• registered political party which; or
•  

who fails to comply with Subsection (7), is guilty of an offence.

Penalty: A fine not exceeding the amount of the contribution in relation to which the offence was committed.

Source: Article 79, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

Candidates must report each contribution received within 30 days of its  receipt. Successful candidates  must report on their finances within 3 months  of the return of the writs for an election (or of a court decision in an election result where the election result was disputed). Contributors must also report each contribution made to a candidate within 30 days of making the contribution