Political Laws: Formation of a Coalition in Kenya

Section 13 of the Kenya Political Parties Act
13. Where two or more political parties resolve to form a coalition
before or after an election, the instruments of the coalition agreement
shall be deposited with the Registrar for the purposes of arbitration
between the coalition parties.

Political Laws: Cancellation of Registration of Political Party in Kenya

Section 26 of the Kenya political parties Act
Cancellation of registration of political party.
26. (1) The Registrar shall cancel the registration of a political
party if satisfied that the political party—
(a) is in breach of the provisions of sections 14, 30 and 31 or
of a provision of its own constitution;
(b) has not complied in a material particular with the provisions
of sections 14 and 30;
(c) obtained its registration in a fraudulent manner;
(d) instigated or participated in the commission of an election
offence;
(e) has not, for each of the two previous general elections
secured at least five percent of the national vote; or
(f) has used moneys allocated to it for purposes not allowed
under section 30 (2).
(2) The Registrar shall, before he cancels the registration of a
political party, inform the political party, in writing, of the intention to
cancel the registration and direct the political party to, within ninety
days, remedy the breach or comply with the provisions of this Act.

Procedure at Presidential Elections: Article 138 of the Constitution of Kenya

138. Procedure at presidential election
(1) If only one candidate for President is nominated, that candidate shall be
declared elected.
(2) If two or more candidates for President are nominated, an election shall be
held in each constituency.
(3) In a presidential election—
(a) all persons registered as voters for the purposes of parliamentary
elections are entitled to vote;
(b) the poll shall be taken by secret ballot on the day specified in Article
101(1) at the time, in the places and in the manner prescribed under
an Act of Parliament; and
(c) after counting the votes in the polling stations, the Independent
Electoral and Boundaries Commission shall tally and verify the count
and declare the result.
(4) A candidate shall be declared elected as President if the candidate receives
—
(a) more than half of all the votes cast in the election; and
(b) at least twenty-five per cent of the votes cast in each of more than
half of the counties.
(5) If no candidate is elected, a fresh election shall be held within thirty days
after the previous election and in that fresh election the only candidates shall be—
(a) the candidate, or the candidates, who received the greatest number
of votes; and
(b) the candidate, or the candidates, who received the second greatest
number of votes.
(6) If more than one candidate receives the greatest number of votes, clause
(5)(b) shall not apply and the only candidates in the fresh election shall be those
contemplated in clause (5)(a).
(7) The candidate who receives the most votes in the fresh election shall be
declared elected as President.
(8) A presidential election shall be cancelled and a new election held if—
(a) no person has been nominated as a candidate before the expiry of
the period set for the delivery of nominations;
(b) a candidate for election as President or Deputy President dies on or
before the scheduled election date; or
(c) a candidate who would have been entitled to be declared elected as
President, dies before being declared elected as President.
(9) A new presidential election under clause (8) shall be held within sixty days
after the date set for the previous presidential election.
(10) Within seven days after the presidential election, the chairperson of the
Independent Electoral and Boundaries Commission shall—
(a) declare the result of the election; and
(b) deliver a written notification of the result to the Chief Justice and the
incumbent President.

Political Laws: Winding up of Political Parties in Kenya

Section 42 of the Kenya Political Parties Act
Winding up political party.
42. Upon the cancellation of the registration of a political
party or its declaration as a prohibited organization under any law, the
Attorney-General shall make an application for the winding up and
dissolution of that political party, and the disposition of the property,
assets, rights and liabilities of the political party and the High Court
shall make such orders as appear to it to be just and equitable in the
circumstances of the case.

Political Laws: Constitution or Rules of a Political Party in Kenya

MATTERS FOR WHICH PROVISION SHALL BE MADE IN THE CONSTITUTION OR RULES OF A POLITICAL PARTY
1. The name of the Party and any abbreviation (if used.)
2. The objects of the political party.
3. The situation of the registered office of the party.
4. The eligibility for membership of the party.
5. The admission and resignation of members.
6. The rights and duties of members.
7. Disciplinary measures against members and the methods and
procedures for their suspension or expulsion from the party,
including the reasons for such measures and in the cases of
suspension and expulsion from the party stating of the justification
for the decision taken.
8. The general organization of the party.
9. The district organizations, of the party and their functions.
10. Disciplinary measures against district branches.
11. Composition and powers of the governing body and other organs.
12. Titles of officers, their terms of office and the method of their
election, appointment, dismissal and suspension.
13. The authority for and the method of filling vacancies on
committees.
14. The frequency of, quorums for and dates of general meetings of the
members of the party.
15. The rates of entrance and subscription fees (if any) for party
membership.
16. The custody and investment of the funds and property of the party,
and the designation of the persons responsible for them.
17. The purposes for which the funds may be used, and in particular the
prohibition against the distribution of funds among members.
18. The inspection of the books and list of members of the party by any
member or officer.
19. The annual or periodical audit of accounts.
20. The formation of district branches.
21. The manner of amending the name, constitution or rules of the
party.
22. The manner of the dissolution of the party and the disposal of its
property on dissolution.
23. Matters which may only be decided upon by a meeting of party
members or, as the case may be, of district representatives.
24. The preconditions, form and time limits for convening meetings of
party members and district representatives and the official recording
of the resolutions passed at such meetings.
25. Which district branches (if any) and other organs of the party are
authorized to submit or sign election proposals for elections to
Parliament or any local authority where there are no other relevant
legal provisions.
26. The form and details of a financial structure, which satisfies the
provisions of this Act.
27. Polling of members and the procedures to be adopted when there
is a vote on a poll passing a resolution for the dissolution of the
party or of a district branch.
28. Democratic practices that cover gender, nomination and human
rights.

Political Laws: Public Meetings of Political Parties in Kenya

Section 38 of the political parties Act
Public meetings of political party
38. A political party intending to hold a public meeting in any
area shall comply with the provisions of the existing laws relating to
public meetings for the time being in force.

Political Laws: Funding of Political Partiez

Section 28 of the Kenya Political parties Act.
Political Parties Fund.
28. There is established a Fund to be known as the Political Parties
Fund, which shall be administered by the Registrar.

Sources of moneys in the Fund.
29. (1) The sources of the Fund are—
(a) such funds as may be provided by the Minister of Finance
in the annual estimates; and
(b) contributions and donations to the Fund from any other
source.
(2)  The moneys in the Fund not immediately required for
payment to political parties shall be invested in such securities as may
be approved by Treasury.

Purposes of the Fund.
30. (1) Moneys allocated to a registered political party from
the Fund may be used for purposes compatible with democracy
including—
(a) promoting active participation by individual citizens in
political life;
(b) covering the election expenses of the political party and the broadcasting of the policies of the political party;
(c) ensuring continuous vital links between the people and
organs of State;
(d) the organization by the political party of civic education in
democracy and other electoral processes;
(e)  bringing the party’s influence to bear on the shaping of
public opinion; and
(f)  not more than twenty-five per cent for the administrative
expenses of the party.
(2) Moneys allocated to a registered political party from the Fund
shall not be used—
(a) for paying directly or indirectly remuneration, fees, rewards,
or any other benefit to a member or supporter of the political
party;
(b) to finance or as a contribution to any matter, cause, event or
occasion directly or indirectly in contravention of any code
of ethics binding on public officers;
(c) directly or indirectly for the purposes of establishing any
business or acquiring or maintaining any right or financial
interest whatsoever in any business or in any immovable
property, except where the right or interest in the immovable
property is to be used by the party solely for ordinary party
political purposes; or
(d) for any other purpose incompatible with the promotion of a
multiparty democracy and the electoral processes.
(3) The Fund shall be distributed as follows—

(a)  fifteen percent shall be distributed equally among political
parties;
(b) eighty percent shall be distributed proportionately by
reference to the total number of votes secured at the last
general election by each political party’s presidential,
parliamentary and civic candidates; and
(c) five per cent for the administration expenses of the Fund:
Provided that—
(i) where a presidential candidate is supported by more than
one political party, only the votes cast for parliamentary
and civic candidates of the respective parties shall be
taken into account in calculating the amount payable to
the respective parties; and
(ii) in the case of a political party with corporate member par-
ties which opt for joint nomination of parliamentary and
civic candidates, its share of the Fund under paragraph
(b) shall be further distributed proportionately to the
member parties in reference to the total number of votes
secured at the last general election by each parliamentary
and civic candidate belonging to the party.
(3A) For the purposes of paragraph (ii) of the proviso to subsection
(3), a political party with corporate member parties which opt for joint
nomination of parliamentary or civic candidates shall, on the date for
the nomination of candidates, indicate to the Commission the party to
which each candidate belongs.
(4)  No political party shall benefit from the Fund if its registered
national office bearers do not reflect at least a third of either gender.

Political Laws: Conditions of Full Registration of a Political Party in Kenya.

Section 23 of the Kenya Political parties Act
Conditions of full registration.
23. (1) A political party shall be qualified to be fully registered
if it has—
(a) first been provisionally registered;
(b) obtained not less than two hundred members who are
registered as voters for the purposes of parliamentary
elections from each Province;
(c) on its governing body, a member from each province
ordinarily resident or registered to vote in such Province;
(d) submitted a list of the names, addresses and identification
particulars of at least one founding member of the political
party ordinarily resident in each District and such other
particulars as the Registrar may prescribe;
(e) submitted to the Registrar the exact location of its head
office, which shall be its registered office within Kenya, and
a postal address to which notices and other communication
may be sent, together with the exact locations and addresses
of its district offices if any.
(2) An alien shall not be appointed to any office or be a founding,
ordinary or other member of a political party in Kenya.
(3) The Registrar shall issue a certificate of full registration to a
political party, which has fulfilled the conditions of registration.

Political Laws: Public Officers in Kenya Cannot be Founding Members of or Hold Office in a Political Party

Section 15 of the Kenya Political parties Act
Certain public officers not to be founding members of or hold office in political party.
15. A person who is a member of the Armed Forces, the Kenya
Police Force, the Administration Police Force, the Prisons Service, the
Kenya Wildlife Service, the Judicial Service, or any other person who
is a public officer shall not—
(a) be eligible to be a founding member of a political party;
(b) be eligible to hold office in a political party;
(c) engage in political activity that may compromise or be seen
to compromise the political neutrality of his office; or
(d) publicly indicate support for or opposition to any political
party or candidate in an election.

Political Laws: Prohibition of ethnic or religious parties in Kenya

Section 13 of the Kenya political Parties Act
Prohibition of ethnic
or religious parties
etc.
14. (1) The Registrar shall not register a political party which—
(a)  is founded on an ethnic, age, tribal, racial, gender, regional,
linguistic, corporatist, professional or religious basis or
which seeks to engage in propaganda based on any of these
matters;
(b) uses words, slogans, emblems or symbols which could
arouse ethnic, age, tribal, racial, gender, regional, linguistic,
corporatist, professional or religious division;
(c) has a constitution or operational ethic that provides in any
way for discriminatory practices contrary to the provisions
of the Constitution or of any written law;
(d) accepts or advocates the use of force or violence as a means
of attaining its political objectives;
(e) advocates or aims to carry on its political activities
exclusively in one part of Kenya; or
(f) does not allow regular, periodic and open election of its
office bearers.
(2) For the purposes of subsection (1), a political party is formed
on an ethnic, age, tribal, racial, gender, regional, linguistic, corporatist,
professional or religious basis if its membership or leadership is
restricted to or includes only members of a particular ethnic, age, tribal,
gender, regional, linguistic, corporatist or racial group, profession or
religious faith or if its structure and mode of operation are not national
in character.

Political Laws: Formation of political parties in Kenya

Section 12 of the political parties Act
Formation of political
parties.
12. (1) Political parties may, subject to the provisions of this Act,
be formed in Kenya to further purposes which are not contrary to the
Constitution or any written law.
(2) A citizen of Kenya who has attained the age of eighteen years
has, subject to the provisions of this Act, the right to form a political
party

Kenya Political Parties Act

CHAPTER 7A
THE POLITICAL PARTIES ACT
ARRANGEMENT OF SECTIONS
Section
Part I—Preliminary
1—Short title and Commencement.
2—Interpretation.
Part II—Registrar of Political Parties
3—Registrar of political parties.
4—Register of political parties.
Part III—Political Parties Disputes Tribunal
5—Establishment of Tribunal.
6—Purpose of Tribunal.
7—Determination of disputes.
8—Rules of procedure of Tribunal.
9—Removal of member of Tribunal.
10—Secretary to Tribunal.
11—Expenses of Tribunal.
Part IV—Formation, Registration and Regulation of Political
Parties
12—Formation of political parties.
13—Instruments of coalitions.
14—Prohibition of ethnic or religious parties etc.
15—Certain public officers not to be founding members of or
hold office in political party.
16—Qualification of executive and founding members of
political party.
17—Participation in political activities and rights of party
members.
18—Conditions of provisional registration.
19—Contents of constitution or rules of a political party.
20—Parties with certain names not to be registered.
21—Provisional registration of a political party.
22—Rights and privileges of political party.
23—Conditions of full registration.
24—Corporate status of registered political party and declaration
of assets etc.
25—Notification of changes, alterations in constitution etc. of
political party.
26—Cancellation of registration of political party.
27—Effect of cancellation of registration.
Part V—Funding and Accounts of Political Parties
28—Political Parties Fund.
29—Sources of moneys in the Fund.
30—Purposes of the Fund.
31—Other sources of funds.
32—Declaration of assets, liabilities and expenditure in relation
to elections.
33—Publishing sources of funds.
34—Audit of political party accounts.
Part VI—General Provisions
35—Records of political party.
36—Duty of political party to inform Registrar.
37—Protection of Commission and Registrar.
38—Public meetings of political party.
39—Cancellation of registration of organizations declared to be
prohibited organizations.
40—Gazette notices.
41—Penalties.
42—Winding up political party.
43—Regulations.
Part VII—Transitional Provisions
44—Transitional provisions relating to existing political parties.
Schedules.