Political Finance Database

Section 28(1) of the political parties' Act 2011 (Revised Edition 2015) states that a political party which receives funds from a non-citizen contrary to section
27(1)(c), commits an offence.

Although not clearly stated in law, section 27 (2) of the Political Parties Act 2011 states that 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. It may be seen that this section does not explicily talk about donoations to individuals but to a political party. 

Section 27(1)(c) of the Political Parties Act 2011 on other sources of funding to political parties provides that the sources of other funds for a political party are donations, bequests and grants from any other lawful source, not being from a non-citizen, foreign government, inter-governmental or non-governmental organisation. 

Section 11 of the Election Campaign Financing Act 2013 provides that the sources of funds for purposes of financing party nomination, election or referendum campaign are—

The only prohibition that is also provided for in Section 14 of the same Act is that 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.

So long as the organization in writing, seeks consent to campaign from the candidate, the political party or the referendum committee as the case may be the organisation intends to campaign in support of. Such support must be channelled through the campaign expenditure accounts. Section 15 of the Elections Campaign Financing Act 2013

So long as the organization in writing, seeks consent to campaign from the candidate, the political party or the referendum committee as the case may be the organisation intends to campaign in support of. Such support must be channelled through the campaign expenditure accounts. Section 15 of the Elections Campaign Financing Act 2013

Section 13 of the Election Campaign Financing Act 2013 on anonymous contributions or contributions from an illegal source states that a candidate, a political party or a referendum committee shall not receive and keep anonymous contributions or support whether in cash or in kind.

Section 13 of the Election Campaign Financing Act 2013 on anonymous contributions or contributions from an illegal source states that a candidate, a political party or a referendum committee shall not receive and keep anonymous contributions or support whether in cash or in kind.

No law explicitly bans this.

Those are treated as public institutions. 

Election Campaign Financing Act 2013 states that 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.

Section 28(2) and (3) of the Political Parties Act 2011 states that no person or organisation shall, in any one year, ontribute to a political party an amount, whether in cash or in kind exceeding five per cent of the total expenditure of the political party. The total expenditure referred to shall be in relation to the audited accounts of the political party, of previous year.

Section 28(2) of the Political Parties Act 2011 states that no person or organisation shall, in any one year, contribute to a political party an amount, whether in cash or in kind exceeding five per cent of the total expenditure of the political party. 

Section 12 of the Election Campaign Finance Act 2013 states that except where contribution is from a candidate to that candidate’s campaign financing account, or from a political party or a referendum committee to that political party’s or referendum committee’s campaign financing account, no contribution from a single source shall exceed twenty percent of the total contributions received by that candidate, political party or referendum committee.

No contribution from a single source shall exceed twenty percent of the total contributions received by that candidate, political party or referendum committee.

Section 12 of the Election Campaign Finance Act 2013 states that except where contribution is from a candidate to that candidate’s campaign financing account, or from a political party or a referendum committee to that political party’s or referendum committee’s campaign financing account, no contribution from a single source shall exceed twenty percent of the total contributions received by that candidate, political party or referendum committee

No contribution from a single source shall exceed twenty percent of the total contributions received by that candidate, political party or referendum committee.

Except where contribution is from a candidate to that candidate’s campaign financing account, or from a political party or a referendum committee to that political party’s or referendum committee’s campaign financing account, no contribution from a single source shall exceed twenty percent of the total contributions received by that candidate, political party or referendum committee.

It is important to note that the amount candidates can contribute to their own campaign has no legal limit. However, the same law (Election Campaign Finance Act 2013) states that the Independent Electoral and Boundaries Commission shall  prescribe spending limits including the total amount that a candidate, political party or referendum committee may spend during an expenditure period, including the limit for media coverage.

Section 28(2) of the Political PArties Act 2011 states that no person or organisation shall, in any one year, contribute to a political party an amount, whether in cash or in kind exceeding five per cent of the total expenditure of the political party.

This, however, shall 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.

The Political Parties Act allows political parties to access other sources of funding from the proceeds of any investment, project or undertaking in which the political party has an interest (section 27(1)(d).

To be limited by the Independent Electoral and Boundaries Commission as provided for in Section 12(1)(d) of the Election Campaign Finance Act 2013

As directed and gazetted by the Independent Electoral and Boundaries Commission as provided for in Section 12(1)(d) of the Election Campaign Finance Act 2013

It is sometimes required. But other sources of funds are difficult to track and legislate on. For instance, a funds drive in aid of a campaign, which is common in Kenya, does not have to result in the money being banked. The law only requires that the candidate keep the date, venue and amount raised from such events.

The Political Parties Act 2011 establies a Fund known as the Political Parties Fund, which is administered by the Registrar of Political Parties 

Section 25(2) of the Political Parties Act 2011 provides that political party shall not be entitled to receive funding from the Political Parties' Fund if—
(a) the party does not secure at least three per cent of the total number of votes at the preceding general elections; or
(b) more than two-thirds of its registered office bearers are of the same gender;
(ba) the party does not have, in its governing body, representation of special interest groups;

(c) the party does not have at least —
(i) twenty elected members of the National Assembly; and
(ii) three elected members of the Senate; and
(iii) three elected members who are Governors; and
(iv) forty members of County Assemblies.

Section 25 of the Political Parties Act 2011 states as follows:

The Fund shall be distributed as follows—
(a) eighty per cent of the Fund proportionately by reference to the total number of votes secured by each political party in the preceding general election;
(aa) fifteen per cent of the Fund proportionately to political parties qualifying under paragraph (a) based on the number of candidates of the party from special interest groups elected in the preceding general election ; and

(b) five per cent for the administration expenses of the Fund.

(2) Notwithstanding subsection (1), a political party shall not be entitled to receive funding from the Fund if—
(a) the party does not secure at least three per cent of the total number of votes at the preceding general elections; or
(b) more than two-thirds of its registered office bearers are of the same gender;
(ba) the party does not have, in its governing body, representation of special interest groups;

Not subsized but fair access. Section 15 of the Political Parties Act 2011 provides that it is a right of a provisionally registered political party to the provision by the State, of fair opportunity to present the political party’s programmes to the public by ensuring equitable access to the State owned media.

Section 15 of the Political Parties Act 2011 provides that it is a right of a provisionally registered political party to the provision by the State, of fair opportunity to present the political party’s programmes to the public by ensuring equitable access to the State owned media.

The Election Campaign Financing 2013 states that the Independent Electoral and Boundaries Commission shall, after consultations with political parties, the officers responsible for the state-owned media enterprises and authorities responsible for the regulation of media in Kenya, set out the limit of media coverage of a candidate, political party or a referendum committee, which shall include paid-up advertisement; and free broadcasting spots or coverage in the print media. The law does not however, provide for subsidized access to media by candidates or even political parties. 

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

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

The Election Offences Act 2016 states that A person who, during an election period

Section 18 of the Election Campaign Financing Act 2013 states that the Independent Electoral and Boundaries Commission shall, at least twelve months before an election, by notice in the Gazette, prescribe the spending limits including the total amount that a candidate, political party or referendum committee may spend during an expenditure period, including the limit for media coverage.

The limit varies. The Election Campaign Financing Act 2013 stipulates that the Commission shall, in prescribing spending limits under subsection take into consideration—

As determined by the Independent Electoral and Boundaries Commission

The limit varies. The Election Campaign Financing Act 2013 stipulates that the Commission shall, in prescribing spending limits under subsection take into consideration—

Section 18(2) of the Election Campaign Financing Act 2013 provides that except for contribution by a candidate into his or her own campaign financing account, any contribution from a person, organisation or any other lawful source contributed to a candidate, a political party or a referendum committee campaign financing account shall not exceed the limit of the total contribution prescribed by the Independent Electoral and Boundaries Commission for a candidate, a political party or a referendum committee

Section 20 of the Election Campaign Financing Act 2013 states that the Independent Electoral and Boundaries Commission shall, after consultations with political parties, the officers responsible for the state-owned media enterprises and authorities responsible for the regulation of media in Kenya, set out the limit of media coverage of a candidate, political party or a referendum committee, which shall include paid up advertisement and free broadcasting spots or coverage in the print media.

Section 27(4) stipulates that a political party shall disclose to the Registrar full particulars of all funds or other resources obtained by it from any source.

Election Campaign Financing Act 2013 states that the party expenditure committee shall compile the expenditure reports received from the party candidates and submit to the Commission the preliminary nomination expenditure report and the final campaign expenditure report; and submit to the Commission the final campaign expenditure report of the political party.

Election Campaign Financing Act 2013 states that the party expenditure committee shall compile the expenditure reports received from the party candidates and submit to the Commission the preliminary nomination expenditure report and the final campaign expenditure report; and submit to the Commission the final campaign expenditure report of the political party.

It is candidates, political parties or referendum committees that are supposed to disclose that to the Independent Electoral and Boundaries Commission. 

The law requires that any person shall be entitled to inspect the audited accounts of political parties filed by a political party and, upon payment of a fee prescribed by the Registrar be issued copies of the audited accounts.

As stipulated in section 29 of the Political Parties Act 2011 on publishing sources of funds. It states that a political party shall, within ninety days of the end of its financial year, publish—
(a) the sources of its funds stating—
(i) the amount of money received from the Fund;
(ii) the amount of money received from its members and supporters; and
(iii) the amount and sources of the donations given to the party;

(b) the income and expenditure of the political party; and
(c) the assets and liabilities of the political party.

A political party shall keep proper books and records of account of the income, expenditure, assets and liabilities of the political party. It is in this very manner that the reports are submitted to the Registrar of Political Parties which is in turn made public. 

A political party shall keep proper books and records of account of the income, expenditure, assets and liabilities of the political party.

Special Institution in this case is the Registrar of Political Parties

Note that in Kenya, funds related to electoral campaigns are investigated by the EMB while those related to general political parties' functions are audited by the Registrar of Political Parties

The law is very strong on disclosure and reporting of the funding sources and use. It is however, vague with regard to the sanctions to political parties invloved in financial misappropriation