Kenya
Question | Value |
---|---|
1. Is there a ban on donations from foreign interests to political parties? |
Code
Yes
Comment
"S 11(b) Election Campaign Finance Act prohibit donations from foreign governments. Source
Election Campaign Finance Act 2013 -Kenya
Section 27(2) A foreign agency, or a foreign political party which shares an ideology with a political party registered in Kenya, may provide technical assistance to that political party. |
2. Is there a ban on donations from foreign interests to candidates? |
Code
Yes
Comment
"S 11(b) Election Campaign Finance Act prohibit donations from foreign governments. However, the Act is not clear on foreign interests(foreign non-government)" Source
"Election Campaign Finance Act 2013 -Kenya (Section 11 b) |
3. Is there a ban on corporate donations to political parties? |
Code
No
Comment
Organizations (including corporations) are allowed to support candidates and parties but have to follow strict guidelines. Importantly, an organisation is defined by Section 2 of the Election Campaign Finance Act to "include a club, group, foundation, business or a registered society." Source
Election Campaign Finance Act 2013 -Kenya (Section 15) Political Parties Act, s 27 |
4. Is there a ban on corporate donations to candidates? |
Code
No
Comment
Organizations (including corporations) are allowed to support candidates and parties but have to follow strict guidelines. Importantly, an organisation is defined by Section 2 of the Election Campaign Finance Act to "include a club, group, foundation, business or a registered society." Source
"Election Campaign Finance Act 2013 -Kenya (Section 15) |
5. Is there a ban on donations from Trade Unions to political parties? |
Code
No
Comment
Organizations (including corporations) are allowed to support candidates and parties but have to follow strict guidelines. Importantly, an organisation is defined by Section 2 of the Election Campaign Finance Act to "include a club, group, foundation, business or a registered society." Source
Election Campaign Finance Act 2013 -Kenya (Section 15) |
6. Is there a ban on donations from Trade Unions to candidates? |
Code
No
Comment
Organizations (including corporations) are allowed to support candidates and parties but have to follow strict guidelines. Importantly, an organisation is defined by Section 2 of the Election Campaign Finance Act to "include a club, group, foundation, business or a registered society." Source
Election Campaign Finance Act 2013 -Kenya (Section 15) |
7. Is there a ban on anonymous donations to political parties? |
Code
Yes
Comment
Anonymous contributions are banned. Source
Election Campaign Finance Act 2013 -Kenya (Section 13) |
8. Is there a ban on anonymous donations to candidates? |
Code
Yes
Comment
Anonymous contributions are banned. Source
Election Campaign Finance Act 2013 -Kenya (Section 13) |
9. Is there a ban on donations from corporations with government contracts to political parties? |
Code
No
Comment
There is no ban. |
10. Is there a ban on donations from corporations with government contracts to candidates? |
Code
No
Comment
There is no ban. |
11. Is there a ban on donations from corporations with partial government ownership to political parties? |
Code
Yes
Comment
Section 2 of the Election Campaign Offences Act describes public resources to include a "corporation or a company in which the state owns a controlling interest." Source
Election Campaign Finance Act 2013 -section 14 |
12. Is there a ban on donations from corporations with partial government ownership to candidates? |
Code
Yes
Comment
Section 2 of the Election Campaign Offences Act describes public resources to include a "corporation or a company in which the state owns a controlling interest." Source
Election Campaign Finance Act 2013 -section 14 |
13. Is there a ban on the use of state resources in favour or against a political party or candidate? |
Code
Yes
Source
Election Campaign Finance Act 2013 -section 14 |
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
No single contributions can exceed more than 5% of the total expenditure of the party. Source
Section 28 Political Parties Act |
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
Other (explain in comments in local currency)
Comment
A single donor cannot contribute more than 20% of a candidates total kitty. Source
Section 28 Political Parties Act |
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
Source
Election Campaign Finance Act 2013- Section 12(2) |
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
Other (explain in comments in local currency)
Comment
A single donor cannot contribute more than 20% of a candidates total kitty. Source
Election Campaign Finance Act 2013- Section 12(2) |
18. Is there a limit on the amount a donor can contribute to a candidate? |
Code
Yes, for both natural and legal persons
Source
Election Campaign Finance Act 2013- Section 12(2) |
19. If there is a limit on the amount a donor can contribute to a candidate, what is the limit? |
Code
Other (explain in comments in local currency)
Comment
A single donor cannot contribute more than 20% of a candidates total kitty. Source
Election Campaign Finance Act 2013- Section 12(2) |
20. Is there a limit on the amount a candidate can contribute to their own election campaign? |
Code
No
Comment
Importantly, the Act is not clear on whether the 20% requirement above is on in-kind contribution or monetary. |
21. Is there a limit on in-kind donations to political parties? |
Code
No
Comment
Importantly, the Act is not clear on whether the 20% requirement above is on in-kind contribution or monetary. |
22. Is there a limit on in-kind donations to candidates? |
Code
No
Comment
Importantly, the Act is not clear on whether the 20% requirement above is on in-kind contribution or monetary. |
23. Is there a ban on political parties engaging in commercial activities? |
Code
No
Comment
There is no ban. |
24. Is there a ban on political parties taking loans in relation to election campaigns? |
Code
No
Comment
There is no ban. |
25. Is there a ban on candidates taking loans in relation to election campaigns? |
Code
No
Comment
There are no bans. However, the ECF Act requires the EMB to prescribe limits for "loans forming part of a contribution." This measure has never been implemented legally. |
26. Is there a ban on donors to political parties/candidates participating in public tender/procurement processes? |
Code
No
Comment
There is no ban. |
27. Are there provisions requiring donations to go through the banking system? |
Code
Yes
Comment
The ECF Act requires campaign expenditure accounts to be opened in banks for purposes of receiving campaign contributions. Source
Elections Campaign Finance Act Section 2 |
Question | Value |
---|---|
28. Are there provisions for direct public funding to political parties? |
Code
Yes, regularly
Comment
Political parties in Kenya are entitled to public funds through the Political Party Funds subject to satisfying certain criteria. Source
Political Parties Act, 2022 |
29. What are the eligibility criteria for political parties to receive public funding? |
Code
Source
Political Parties Act, 2022 Section 25(2) |
30. What is the allocation calculation for political parties to receive public funding? |
Code
Proportional to votes received
Proportional to seats received
Source
Political Parties Act, 2022 (Section 25) |
31. What are the provisions on 'ear marking' direct public funding to political parties (how it should be used)? |
Code
Source
Section 26 Political Parties Fund; |
32. Are there provisions for free or subsidized access to media for political parties? |
Code
Yes
Comment
The ECF Act requires IEBC to develop regulations on use of media in campaigns. However, the regulations have never been passed. Source
Election Campaign Finance Act, section 20 |
33. What criteria determine allocation for free or subsidized access to media for political parties? |
Code
Other
Comment
No regulations have been made. Source
Election Campaign Finance Act, section 20 |
34. Are there provisions for free or subsidized access to media for candidates? |
Code
Not applicable
Comment
No regulations have been made. Source
Election Campaign Finance Act, section 20 |
35. Are there provisions for any other form of indirect public funding? |
Code
Yes
Comment
The ECF Act describes contribution to include indirect contributions including services Source
Section 2 Election Campaign Finance Act |
36. Is the provision of direct public funding to political parties tied to gender equality among candidates? |
Code
Yes
Comment
The Political Parties Act 2011 states that a political party shall not be entitled to receive funding from the Fund if more than two-thirds of its registered office bearers are of the same gender Source
Political Parties Act, 2022 Section 25(2) Section 26 Political Parties Fund; |
37. Are there provisions for other financial advantages to encourage gender equality in political parties? |
Code
Yes, funds earmarked for gender activities
Comment
Section 26 of the Political Parties Act 2011 states that moneys allocated to a registered political party from the Fund shall be used for purposes compatible with democracy including promoting the representation in Parliament and in the county assemblies of women, persons with disabilities, youth, ethnic and other minorities and marginalised communities Source
Political Parties Act, Section 25. |
Question | Value |
---|---|
38. Is there a ban on vote buying? |
Code
Yes
Source
Section 10, Elections Offences Act |
39. Are there limits on the amount a political party can spend? |
Code
Yes
Comment
The Constitution of Kenya and the Election Campaign Finance Act envisage spending limits and require the EMB to develop expenditure ceilings that require parliament approval. However, thus far, parliament has been rejecting the proposed limits. Source
Constitution of Kenya, Art 88(4)(i)
|
40. If there are limits on the amount a political party can spend, what is the limit? |
Code
Not applicable
Comment
The Constitution of Kenya and the Election Campaign Finance Act envisage spending limits and require the EMB to develop expenditure ceilings that require parliament approval. However, thus far, parliament has been rejecting the proposed limits. Source
Constitution of Kenya, Art 88(4)(i)
|
41. Are there limits on the amount a candidate can spend? |
Code
Yes
Comment
The Constitution of Kenya and the Election Campaign Finance Act envisage spending limits and require the EMB to develop expenditure ceilings that require parliament approval. However, thus far, parliament has been rejecting the proposed limits. Source
Constitution of Kenya, Art 88(4)(i)
|
42. If there are limits on the amount a candidate can spend, what is the limit? |
Code
Not applicable
Comment
The Constitution of Kenya and the Election Campaign Finance Act envisage spending limits and require the EMB to develop expenditure ceilings that require parliament approval. However, thus far, parliament has been rejecting the proposed limits. Source
Constitution of Kenya, Art 88(4)(i)
|
43. Are there limits on the amount that third parties can spend on election campaign activities? |
Code
Yes, spending limit exists
Comment
The Constitution of Kenya and the Election Campaign Finance Act envisage spending limits and require the EMB to develop expenditure ceilings that require parliament approval. However, thus far, parliament has been rejecting the proposed limits. Source
Constitution of Kenya, Art 88(4)(i)
|
44. Are there limits on traditional media advertising spending in relation to election campaigns? |
Code
Yes, for candidates
Yes, for third parties
Yes, for political parties
Comment
The Election Campaign Finance Act envisages spending limits and requires the EMB to develop expenditure ceilings that require parliament approval. However, thus far, parliament has been rejecting the proposed limits. Source
Election Campaign Finance Act, section 12 Election Campaign Finance Act, section 20 |
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
Political Parties Act, Section 17 |
48. Do political parties have to report on their election campaign finances? |
Code
Yes
Source
Section 26 Election Campaign Finance Act |
49. Do candidates have to report on their election campaign finances? |
Code
Yes
Source
Section 26 Election Campaign Finance Act |
50. Do third parties have to report on election campaign finances? |
Code
Yes
Source
Section 15(4) Election Campaign Finance Act |
51. Is information in reports from political parties and/or candidates to be made public? |
Code
No
|
52. Must reports from political parties and/or candidates reveal the identity of donors? |
Code
Yes
Source
Section 26 Election Campaign Finance Act |
53. Must reports from political parties and/or candidates include information on itemized income? |
Code
Yes
Source
Section 26 Election Campaign Finance Act |
54. Must reports from political parties and/or candidates include information on itemized spending? |
Code
Yes
Comment
Section 26 Election Campaign Finance Act |
55. Which institution(s) receives financial reports from political parties and/or candidates? |
Code
EMB
Source
Section 10 Election Campaign Finance Act |
56. Which institution(s) is responsible for examining financial reports and/or investigating violations? |
Code
Source
Election Campaign Finance Act, Section 27 |
57. What power is granted to the institution(s) responsible for examining reports and/or investigating violations? |
Code
Impose sanctions
Carry out investigation
Request additional information from potential violator
Source
Election Campaign Finance Act Section 21 |
58. What sanctions are provided for political finance infractions? |
Code
Comment
prohibit a candidate from campaigning for a specific period; prohibit media coverage; disqualification from contesting that election; Issuance of a warning; Source
Election Campaign Finance Act, s 21 |