Political Finance Database

The Election Expenses Act 2010 makes reference to political parties and the attendant restrictions. It does not explicitly talk about restrictions to candidates. 

The Election Expenses Act 2010 makes reference to political parties and the attendant restrictions. It does not explicitly talk about restrictions to candidates.

The law states that funds and other resources of political parties which have been fully registered shall derive from donations, bequests and grants form any other source.

Section 11 of the Election Expenses Act 2010 states that a palitical party may, for the purposes of financing election expenses, appeal for and receive voluntary
donations from any individual or organisation, in and outside the United Republic, provided that the source of every donation, exceeding shillings one million for an individual donor and shillings two million for an organization shall, within thirty days of its receipt, be disclosed to the Registrar by the Board of Trustees of the political party concerned. It further states that for the purpose of voluntary donations, a candidate may receive or accept donation for election expenses from an person or organization.

To the extent that the Elections Expenses Act requires political parties to keep records of names and postal, physical and electronic addresses of donors for purposes of financial accountability, it is prohibited (Section 19(2))

To the extent that the Elections Expenses Act requires political parties to keep records of names and postal, physical and electronic addresses of donors for purposes of financial accountability, it is prohibited (Section 19(2))

Public print media is banned from discriminating any candidate.

Section 54(2) of the Political Parties Act 2017 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 thirty percent of the annual total expenditure of the political party.

Not exceeding thirty percent of the annual total expenditure of the political party

To be determined by the Minister and wil depend, on among, others:

(i) the difference in the size of electoral constituency;
(ii) categories of candidates;
(iii) population of people; and
(iv) communication infrastructure;

Section 54(2) of the Political Parties Act 2017 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 thirty percent of the annual total expenditure of the political party.

One of th sources of funding to political parties as articulated in section 54(1) of the Political Parties Act 2017 are the proceeds of any investment, project or undertaking in which the party has an interest

Section 54(1) of the Political Parties Act 2017 states that the funds and other resources of political parties which have been fully registered shall derive from:

(a) membership fees;
(b) voluntary contributions;
(c) the proceeds of any investment, project or undertaking in which the
party has an interest;
(d) subvention from the Government;

The law does not explicitly state the criteria for allocating the fund

The law is not clear on calculation

Section 60(1) of the Political Parties Act 2017 states that subventions granted to a party may be spent only on
(a) the parliamentary activities of a party;
(b) promoting the representation in Parliament and in the local council of women, persons with disabilities, youth and ethnic;
(c) recruiting members and promoting active participation by individual citizens in party activities;
(d) activities for gaining the political party’s influence to a political agenda;
(e) the organisation by the political party of civic education in democracy and other electoral processes;
(e) any lawful activity relating to an election in which a party nominates a candidate;
(f) administrative and staff expenses of the political party which shall not be more than thirty percent of the moneys allocated to the political party;
(g) any other necessary or reasonable requirement of a party.

This provision is captured in section 28 of the Elections Expenses Act 2010 and relates only to the Presidential candidates. it says that the candidate for the Office of the President in an election shall have the right to utilize the Government broadcasting service and television during the election campaign, in accordance with the provisions of the National Elections Act.

Election Expenses Act 2010 states that during the nomination process, election campaign or election, an act of prohibited practice shall be committed by every person who directly or indirectly, by himself, his agent or by his political party on his behalf, gives or procures or agrees to give or to procure or to endeavor to procure, any office, place or employment, to or for any voter, or to or for any person on behalf of any voter, or to or for any other person, in order to induce such voter to vote or to refrain from voting, or corruptly does any such act, on account of such voter having voted or refrained from voting at any election.

Section 10(1) of the Election Expenses Act states that For the purpose of implementation of section 9 and this section, the Minister shall, by an order in the Gazette

(a) prescribe the maximum amount of election expenses depending on -
(i) the difference in the size of electoral constituency;
(ii) categories of candidates;
(iii) population of people; and
(iv) communication infrastructure;
(b) vary the amount of election expenses to be used by political parties during election campaigns.

Depending on:

(i) the difference in the size of electoral constituency;
(ii) categories of candidates;
(iii) population of people; and
(iv) communication infrastructure;
(b) vary the amount of election expenses to be used by political parties during election campaigns.

The law is silent on third parties

Section 61(2) of the Political Parties Act 2017 provides that every political party shall submit to the Controller and Auditor General Purpose Financial Statements of its accounts not later than thirtieth September of each calendar year.

The law states that Where the political party fails to file the financial report and the audited report as required by this Act, that political party shall, in addition to payment of default fme of shillings three million and the requirement to file financial report at any later time, be disqualified to contest in any election including the
next General Elections unless that political party files such financial report and the audited report to the satisfaction of the Registrar before the next nomination day.

Any candidate who receives funds as election expenses shall, within sixty days from the polling day, prepare and submit a verified report to the political party which sponsored that candidate in the election.

Although candidates and/or political parties are required to submit reports on their expenditures, it is not a requirement under the law that the Registrar or Accountant General can make the reports public.

Section 19(1) of the Election Expenses Act 2010 states that for the purposes of financial accountability under this Act, it shall be the duty of every candidate, and each political party, Non-Governmental Organization, Faith Based Organization and Community Based Organization which participated in activities referred to in subsection (3) of section 13 of this Act to keep records of:

(a) funds received for election expenses indicating the amount and the nature of funds received;
(b) names and postal, physical and electronic addresses of donors;
(c) funds anticipated to be received and their sources;
(d) funds expended for nomination, election campaigns and election; and
(e) funds expended by candidates as nomination and election expenses.

Section 19(1) of the Election Expenses Act 2010 states that for the purposes of financial accountability under this Act, it shall be the duty of every candidate, and each political party, Non-Governmental Organization, Faith Based Organization and Community Based Organization which participated in activities referred to in subsection (3) of section 13 of this Act to keep records of:

(a) funds received for election expenses indicating the amount and the nature of funds received;
(b) names and postal, physical and electronic addresses of donors;
(c) funds anticipated to be received and their sources;
(d) funds expended for nomination, election campaigns and election; and
(e) funds expended by candidates as nomination and election expenses.

Section 19(1) of the Election Expenses Act 2010 states that for the purposes of financial accountability under this Act, it shall be the duty of every candidate, and each political party, Non-Governmental Organization, Faith Based Organization and Community Based Organization which participated in activities referred to in subsection (3) of section 13 of this Act to keep records of:

(a) funds received for election expenses indicating the amount and the nature of funds received;
(b) names and postal, physical and electronic addresses of donors;
(c) funds anticipated to be received and their sources;
(d) funds expended for nomination, election campaigns and election; and
(e) funds expended by candidates as nomination and election expenses.

A political party which, and every candidate who is required under the provisions of this Act to disclose the amount and sources of funds intended to be used as election expenses fails to disclose such funds, shall, in the absence of any reasonable explanation, render itself or himself liable for disqualification from participating in the election.