58. What sanctions are provided for political finance infractions?

(1) A –

• citizens, who gives a contribution to a political party or to a candidate in excess of the limits specified in Section 79(2); or
• non-citizen, who gives a contribution to a political party or to a candidate in excess of the limits specified in Section 81(2),

is guilty of an offence.

Penalty: A fine not exceeding K10, 000.00 or imprisonment for a term not exceeding two years, or both.

(2) A –

• political party, which; or
• member of political party, who,

seeks or accepts a contribution to that political party from –

• a citizen, in excess of the limits specified in Section 79(2); or
• a non-citizen, in excess of the limits specified in Section 81(2),

is guilty of an offence.

Penalty: In the case of a political party, a fine not exceeding K10, 000.00.

In the case of a member of a political party, a fine not exceeding K2, 000.00 or imprisonment for a term not exceeding six months, or both.

(3) A –

• citizen, who fails to comply with Section 79(3); or
• non-citizen, who fails to comply with Section 81(3),
  is guilty of an offence.

Penalty: A fine not exceeding K10, 000.00 or imprisonment for a term not exceeding two years, or both.

(4) Where a political party or member of a political party is convicted of an offence under Subsection (2) which relates to the acceptance of a contribution, it or he shall, in addition to any penalty imposed under Subsection (2), pay to the Central Fund –

• where the contribution was money – the amount received; and
• where the contribution was other than money – an amount equal to the value of the contribution as determined by the Commission,

And the political party is not entitled to any distribution of moneys from the Central Fund under Section 82 until such payment is made.

(5) A candidate, who seeks or accepts, for the purposes of his election –

• a contribution from a citizen in excess of the limits specified in Section 79(2); or
• a contribution from a non-citizen in excess of the limits specified in Section 81(2),

is guilty of an offence.

Penalty: A fine not exceeding K5,000. 00 or imprisonment for a term not exceeding one year, or both.

(6) Where a person convicted of an offence under this section is a person to whom the Leadership Code applies, the offence amounts to misconduct in office for the purposes of the Leadership Code.

Source: Article 87, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

The penalties that may be recommended and imposed under and for the purposes of Section 28(1A) of the Constitution and Section 27(5)(b) of the Organic Law are that the person found guilty of misconduct in office–

(a)           be fined an amount fixed by the tribunal, not exceeding K1,000.00; or

(b)           be ordered by the appropriate authority to enter into his own recognizance in a reasonable amount, not exceeding K500.00, fixed by the tribunal that he will comply with Division III.2 (Leadership Code) of the Constitution and with the Organic Law during a period fixed by the tribunal, not exceeding 12 months from the date of the announcement, under Section 27(6) of the Organic Law, of the decision of the tribunal; or

(c)           be suspended, without pay, from office or position for a period not exceeding three months from the date of commencement of the suspension; or

(d)           be reprimanded,

or if he is a public office-holder as that expression is defined in Section Sch.1.2(1) of the Constitution, that, as determined by the tribunal–

(e)           he be reduced in salary; or

(f)            if his conditions of employment are such as to allow of demotion–he be demoted

Source: Article2, Leadership Code (Alternative Penalties) Act No 79 of 1976

(1) A person convicted of an offence against Section 99, 100, 101, 102 or 103 committed with respect to a parliamentary election becomes incapable, for three years from the date of the conviction–

(a) of being registered as an elector or of voting at any parliamentary election or of holding any judicial office, and if he holds any such office the office is vacated; or

(b) being elected or appointed to or of sitting in the Parliament, and, if at the time of the conviction he is a member of the Parliament his seat is vacated.

(2) Any person convicted of any offence referred to in Subsection (1) committed with respect to a Local-level Government election becomes incapable, for two years from the date of the conviction, of holding any local government office, and, if he holds any such office, the office is vacated.

Source: Article 104, Criminal Code Act 1974

The Commission may cancel the registration of a registered political party where –

(a) the party is convicted of an offence under this Law or any other law that carries a penalty of a fine of K1, 000. 00 or more and the party fails to pay the fine imposed on it within the time fixed by the court imposing the fine for payment of the fine; or

(b) the party or a member of the party is convicted of an offence under Section 87; or

(c) the party no longer meets the qualifications for registration referred to in Section 28; or

(d) the party without reasonable justification, fails to file financial returns, as required by this Law, for two consecutive years.

Source: Article 42, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

For most offences against political finance-related law, fines or imprisonment are  available saanctions. Additional potential penalties include:   forfeiture of illegal contributions and their payment into the Central Fund; cancellation of a political party's registration following a conviction fo illegal contributions, or failure to pay a fine within the stipulated period or where financial returns are not submitted for two consecutive years; and loss of of politcal rights and elected office if convictedof vote buyng (bribery or treating).

Seeking or acceptance of illegal donations, failure to file a financial return, and holding any responsibiity in the  cancellation of a political party's registration may also result in additional penalties under the Leadership Code, including suspension from office, dismissal from elected office, demotion, reduction in salary or a fine.