43. Are there limits on the amount that third parties can spend on election campaign activities?

Constitution of Kenya, Art 88(4)(i)
The Commission is responsible for conducting or supervising referenda and elections to any elective body or office established by this Constitution, and any other elections as prescribed by an Act of Parliament and, in particular, for—
(i) the regulation of the amount of money that may be spent by or on behalf of a candidate or party in respect of any election.

Election Campaign Finance Act, Section 3
3. Functions of the Commission
(1) Pursuant to Article 88(4)(i) of the Constitution and section 4(i) of the
Independent Electoral and Boundaries Commission Act, the Commission shall be responsible for the regulation and administration of campaign financing under this Act and shall—
(a) keep a register of authorised persons under this Act;
(b) supervise candidates, political parties, referendum committees and authorised persons in relation to campaign expenses;
(c) set spending limits and enforce compliance with such limits;
(d) set limits and verify sources of contributions to a candidate, a political
party or a referendum committee.

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.