52. Must reports from political parties and/or candidates reveal the identity of donors?

(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

(1) Within three months after the date fixed for the return of writs following a general election and every twelve months thereafter, the public officer of a political party shall lodge with the Registrar a financial return specifying –

• details of all contributions which that political party has received; and
• details of all other receipts and income of that political party; and
• details of all expenditure which that political party has incurred, during the period –
• in the case of a financial return lodged following the return of writs in a general election – of 12 months preceding the date of return of the writs; and
• in the case of any other financial return – since the date of the end of the period covered by the previous financial return.

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

(a)          in respect of each contribution –

• 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;
• where the contribution was not made in cash – and nature and value of the contribution; and

(b)          in respect of receipts and income –

• full details of the source and nature of the income or of the sum received; and
• the date of receipt of the income or sum received; and

(c)          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; and

(d)          in respect of each item of expenditure on a candidate –

• the full name and address of the candidate; and
• the name of the electorate for which he was a candidate; and
• the date on which the expenditure was made; and
• the nature and value of the expenditure.

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

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

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

(4) A political party, which fails to file a financial return as required by this section, is guilty of an offence.

Penalty: A fine not exceeding K5, 000.00
Default penalty: A fine not exceeding K50.00

(5) Where a political party has not filed a financial return as required by this section, each executive officer of that political party is guilty of misconduct in office under the Leadership Code.

Source: Article 88, Organic Law on the Integrity of Political Parties and Candidates 2003, No 0 of 2003

(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

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