Learn more

composite
42
42

Kenya

In law
67
In practice
18

In Kenya, parties are entitled to receive direct public funding. In practice, they do so, though some parties have expressed concern that they did not receive the full amounts to which they were entitled in law. Some form of media access is, according to the law, supposed to be provided, but in practice, this has yet to happen. Non-financial state resources are regularly abused during campaigns. Many types of contributions are restricted or limited in law, but electoral spending is subject to no such limitations. Despite legal restrictions, parties and candidates both rely primarily on individual and corporate donors, and some documented abuses occurred during the 2013 elections. Reporting requirements mandate that both parties and candidates submit their financial information during campaigns, but only parties must do so on an annual basis. Submitted reports typically lack detailed information on contributors. Financial data is available to the public, though at a cost. Some third party actors are required to report on their independent activities during campaigns, according to the law, but they frequently fail to do so in practice. Responsibility for monitoring and enforcing political finance laws resides with two bodies: the Registrar of Political Parties and the Independent Electoral and Boundaries Commission (IEBC). The evidence suggests that appointments to these agencies are not fully merit-based, and appointees are not totally independent. In practice, very little enforcement occurs, and no sanctions were imposed during the 2013 elections.

  • expand button!

    Direct and Indirect Public Funding

    More about category
    composite
    43
    • expand button!
      Direct Public Funding
      More about category
      • expand button!
        1
        Score
        MODERATE
        In law, there is direct public funding for electoral campaigns.More about indicator

        • The Constitution of Kenya 2010, Article 92 (f): Parliament shall, among other things, enact legislation to provide for—" the establishment and management of a political parties fund".

        • Political Parties Act 2011, 24 (1) (a) and (b): The sources of the fund are: ‘(a) such funds not being less than zero point three per cent of the revenue collected by the national government as may be provided by Parliament; and (b) contributions and donations to the Fund from any other lawful source.

        • The Political Parties Act 2011, Section 26 (1) (c): Purposes of the Fund include - "covering the election expenses of the political party and the broadcasting of the policies of the political party".

        • Section 26(1)(a) permits funds received from the Political Parties Act to be used for among other things, 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 Campaign Financing Act 2013 Section 14 (5) exempts money received from the Political Parties Fund from restrictions on the use of public resources for the purposes of election campaigning.

        Even though both parties and candidates are voted for, only parties are funded not candidates.


        Peer Reviewer comment: Agree. While these sections of the Political Parties Act (26) arguably allow for funds received by political parties from the fund to be directly applied for the purposes of campaigns, it is possible this will be of limited significance given that Kenya’s electoral system is based on direct elections.

        Scoring Criteria

        A YES score is earned where there is direct public funding for both political parties and individual candidates to campaign. A 100 also applies where only one of the two actors can be elected and, therefore, only one is entitled to direct public funding.

        A MODERATE score is earned where per law only one of the two actors (either political parties or individual candidates) is allocated direct public funding to campaign, even though both can be elected.

        A NO score is earned where no such law exists.

        Sources

        • The Constitution of Kenya 2010 – Article 92 (f) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=Const2010

        • The Political Parties Act 2011- Section 24 (1) (a) & (b) and Section 26 (1) (c) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

        • The Election Campaign Financing Act 2013 – Section 14 (5) - http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

      • expand button!
        2
        Score
        MODERATE
        In law, there is a transparent and equitable mechanism to determine direct public funding for electoral campaigns.More about indicator

        • Political Parties Act 2011, 24 (1) (a) and (b): The sources of the fund are: "(a) such funds not being less than zero point three per cent of the revenue collected by the national government as may be provided by Parliament; and (b) contributions and donations to the Fund from any other lawful source".

        • Political Parties Act 2011, Section 25 (1), (2) and (3): The fund is distributed as follows: 95% of the Fund proportionately by reference to the total number of votes secured by each political party in the preceding general election, and 5% for the administration expenses of the Fund.

        • The 95% is distributed among political parties that have secured, at least, 5% of the total number of votes at the preceding general elections and, also, fulfill the gender parity requirement of not having more than two-thirds of either gender serving as registered office bearers.

        • The total number of votes secured by a political party shall be computed by adding the total number of votes obtained in the preceding general election by a political party in the election for the President, members of Parliament, county governors and members of county assemblies.

        Scoring Criteria

        A YES score is earned where: 1) direct public funding for political parties and individual candidates' electoral campaigns is allocated through a clearly defined calculation mechanism that is transparent and equitable, and 2) there are clearly defined eligibility criteria.

        A MODERATE score is earned where direct public funding for political party and individual candidates' electoral campaigns is allocated through a clearly defined calculation mechanism that is transparent and equitable, but eligibility criteria are not clearly defined.

        A NO score is earned where no such law exists.

        Sources

        • The Political Parties Act 2011 – Section 24 (1) (a) and (b) & 25 (1), (2) and (3) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

      • expand button!
        3
        Score
        50
        In practice, to what extent is the mechanism to determine direct public funding for electoral campaigns transparent, equitable and consistently applied?More about indicator

        • The formula for allocation of state funding to political parties is very clearly described in Section 25 (1), (2) and (3) of the Political Parties Act 2011. The Office of the Registrar of Political Parties used this formula to disburse funding to political parties in a transparent and equitable manner in 2014. This was also the case from 2008 – 2012 when the old formula prescribed by the Political Parties Act 2007 applied.

        • However, there have often been court cases arising from failure by political parties that form pre-election coalitions to agree on how to share the moneys among themselves. Also, the previous Act the Political Parties Act 2007 which became operational in July 2008 had provided for the allocation of 15% of the Political Parties Fund to all the registered political parties. This was implemented from 2008 to 2012 when the law was in force.

        • Although 2007 Act was repealed in 2011 the implementation of the new formula was suspended until after the first general elections under the Constitution of Kenya 2010. So, the smaller parties that did not meet the 5% of the vote threshold went to court to request that the old formula should be maintained and that a certain amount of the fund be distributed to all registered parties irrespective of their performance in the elections. But the court declined to grant them their wish.

        • Also, the previous Act did not provide for the percentage of the national revenue to be allocated to parties. This was left to the discretion of the Minister for Finance. Section 24 (1) (a) of the Political Parties 2011, however, fixed this at 0.3%. This has not been adhered to in the recent allocations, though. First, no monies were disbursed to the political parties in 2013 because the Independent Electoral and Boundaries Commission delayed in gazetting the official election results. Second, in 2014 the Minister for Finance ignored the new formula prescribed by the law and arbitrarily allocated Kshs. 205 million (about $2, 411, 765) to the Political Parties Fund. However, the disbursement to political parties by the Registrar of Political Parties was done according to the formula prescribed by the Political Parties Act 2011.


        Peer Reviewer comment: Agree. Whereas there is clarity in the distribution of the political parties fund, allocation of funds earmarked by political parties for the purposes of campaign is within the purview of the internal structures of political parties.

        Scoring Criteria

        A 100 score is earned where: 1) electoral campaigns allocations are always defined through a clearly defined transparent and equitable calculation mechanism, and 2) the defined eligibility criteria are applied consistently.

        A 50 score is earned where: 1) electoral campaign allocations are usually defined through a clearly defined transparent and equitable calculation mechanism but exceptions exist, or 2) the eligibility criteria are usually applied but exceptions exist.

        A 0 score is earned where: 1) political campaign allocations are rarely or never defined through a clearly defined transparent and equitable calculation mechanism, or 2) the defined eligibility criteria are rarely applied.

        Sources

        • Small political parties lose out on state funds, By Caroline Maina, The Star, February 4th 2014 - http://www.the-star.co.ke/news/article-153589/small-political-parties-lose-out-state-funds

        • Parties fight to share state funding, By Stephen Makabila, Sunday Standard, September 22nd 2013 - http://www.standardmedia.co.ke/?articleID=2000094037&story_title=parties-fight-to-share-state-funding&pageNo=1

        • CMD wants law on political parties funding amended, By Peter Leftie, Daily Nation, August 21st 2013 - http://mobile.nation.co.ke/News/Amend+law+on+political+parties+funding+CMD+urges+/-/1950946/1962494/-/format/xhtml/-/10dll6gz/-/index.html

        • Small parties fault allocation of State funds based on poll, By Mwakera Mwajeta, Business Daily, July 16th 2013 - http://www.businessdailyafrica.com/Small-parties-fault-allocation-of-State-funds-based-on-poll/-/539546/1917096/-/wntpkh/-/index.html

        • IEBC ordered to certify poll results, By Nation Correspondent, Daily Nation, December 4th 2013 - http://www.nation.co.ke/news/politics/IEBC-ordered-to-certify-poll-results/-/1064/2099254/-/10eadvdz/-/index.html

        • Dickson Omondi, Deputy Executive Director, National Democratic Institute for International Affairs (NDI) – 20th July 2014.

        • Stick to the law when funding political parties, By Joshua Kawino, The Standard, June 27th 2013 - http://www.standardmedia.co.ke/article/2000086851/stick-to-the-law-when-funding-political-parties

      • expand button!
        4
        Score
        50
        In practice, to what extent does the entity in charge of public funding make disbursement information publicly available?More about indicator

        • State funding to political parties, which they are free to use for campaign purposes is disbursed by the Registrar of Political Parties. The Office of the Registrar of Political Parties usually announces the amounts once the money is transferred into its accounts from treasury and immediately after it disburses the funds.

        • However, the information is not available in the internet and citizens who wish to have access to it are to get it from the Offices of the Registrar of Political Parties at a fee. The Office of the Registrar of Political Parties currently levies a photocopying charge of Kshs. 10 per page. The avarage cost of photocopying in town is Kshs. 2.

        Scoring Criteria

        A 100 score is earned where: 1) complete information on the disbursements is published less than a month after disbursement, and 2) the information is available on the Internet for free or in hard copy at photocopying cost.

        A 50 score is earned where: 1) the information published is incomplete or published more than two months after disbursement, or 2) obtaining the information costs more than photocopying.

        A 0 score is earned where: 1) disbursement information is published more than four months after disbursement, or 2) no disbursement information is published or released upon request.

        Sources

        • Registrar gets less cash to give political parties, By John Njagi, Sunday Nation, March 9 2014 - http://www.nation.co.ke/news/politics/Registrar-gets-less-cash-to-give-political-parties-/-/1064/2322824/-/121vo34z/-/index.html

        • How parties will share polls cash, By Bernard Namunane, Daily Nation, February 4 2014 - http://www.nation.co.ke/news/How-parties-will-share-polls-cash-/-/1056/2193248/-/f2uhxxz/-/index.html

        • Dr. Charles Anderson Otieno, Director, Polity and Policy Kenya/UK Ltd – 25/07/2014

        • Caleb Khisa, Programme Manager, Friedrich Ebert Stiftung (FES) – 24/07/2014

        • Financial Statement of the Orange Democratic Movement (ODM) for the Year Ended 30th June 2013;

        • Financial Statement of the National Alliance Party (TNA) for the Year Ended 30th June 2013.

    • expand button!
      Indirect Public Funding
      More about category
      • expand button!
        5
        Score
        YES
        In law, use of state resources in favor of or against political parties and individual candidates is prohibited.More about indicator

        • The Election Campaign Financing Act 2013, Section 14 (1) : “A candidate, a political party or 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 source” for the purpose of supporting any form of electoral campaign.

        • The Constitution of Kenya, Article 92 (h): “Parliament shall enact legislation to provide for— restrictions on the use of public resources to promote the interests of political parties”,

        • Election Act 2011, Section 68 (1): ” --- a candidate, referendum committee or other person shall not use public resources for the purpose of campaigning during an election or a referendum”.

        • There are, however, some exemptions in the law that apply across the board. The Elections Campaign Financing Act 2013, Section 14 (5) allows for public funding provided through the Political Parties Fund established under the Political Parties Act, Section 24 (1) (a) to be used for election campaigning. Also, Section 8 (k) of the Kenya Broadcasting Act 2003, Section 41 (1) of the Election Act 2011, Section 20 (1) (b) of the Election Campaign Financing Act 2013, and Article 92 (a) of the Constitution of Kenya 2010 allow for free use of public media by political parties during the official campaign period.

        Scoring Criteria

        A YES score is earned where there is an explicit ban on the use of state resources in favor of or against political parties and individual candidates. A YES is also earned where there are clearly defined exceptions, which are accessible to all actors equally.

        A MODERATE score is earned where an explicit ban exists but it only applies to one of the two actors, even though both can be elected. A NO score is earned where no such law exists.

        A NO score is also earned where the law exists, but allows discretionary exceptions.

        Sources

        • The Election Campaign Financing Act 2013, Section 14 (1) & (5) and Section 20 (1) (b) – http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

        • The Constitution of Kenya 2010, Article 92 (a) & (h) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=Const2010

        • Election Act 2011 – Section 41(1) and Section 68 (1) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207

        • Kenya Broadcasting Act 2003 – Section 8 (k) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20221

        • The Political Parties Act 2011 – Section 24 (1) (a) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

      • expand button!
        6
        Score
        0
        In practice, to what extent are no state resources used in favor of or against political parties and individual candidates' electoral campaigns?More about indicator

        • There are elaborate provisions and penalties targeted at abuse of public resources. But politicians, especially those sitting in the executive, have consistently violated the regulations. Although this is usually a preserve of the ruling party, the coalition arrangement of the last government ensured that both sides of the divide had access to state resources during the 2013 general elections.

        • Widespread abuse of public resources during the last general elections was documented and exposed by the Kenya Human Rights Commission (KHRC), a civil society organization and an independent constitutional commission, the Commission on the Administration of Justice (CAJ).

        • Both KHRC and CAJ documented rampant abuse of office by candidates who were serving variously as Prime Minister, deputy prime ministers, ministers and assistant ministers. This basically involved use of government facilities especially vehicles and personnel in their campaigns.


        Peer Reviewer comment: Agree. The line between official duties and campaigns can be very thin at times. Often aspiring candidates in the executive use their positions and official activities to profile themselves. This is rampant but ordinarily no action is taken to punish them.

        Interview with Willis Otieno, Electoral Law Expert , 27 Nov. 2014.

        Scoring Criteria

        A 100 score is earned where there is no evidence of authorities using state resources in favor of or against political parties and individual candidates. A 100 is also earned where there are clearly defined exceptions and are equally accessible to all actors.

        A 50 score is earned where: 1) documented evidence indicates occasional use of state resources in favor of or against political parties and individual candidates, or 2) clearly defined exceptions are not equally accessible to all actors.

        A 0 score is earned where documented evidence indicates regular use of state resources in favor of or against certain political parties and individual candidates.

        Sources

        • Championing Values During Hard Times: Election Monitoring and Observation Report, The Commission on Administrative Justice (CAJ), 2013 - http://www.ombudsman.go.ke/index.php?option=comdocman&task=docdownload&gid=55&Itemid=238

        • Countdown to the March 2013 General Elections: Interim Elections Monitoring Report, Kenya Human Rights Commission, 2013 - http://www.khrc.or.ke/resources/publications/doc_download/54-countdown-to-the-march-2013-general-electionsinterim-elections-monitoring-report.html

        • The Democratic Paradox: A Report of Kenya’s 2013 General Elections, Kenya Human Rights Commission (KHRC), 2014 - http://www.khrc.or.ke/resources/publications/doc_download/65-democratic-paradox-a-report-on-kenyas-2013-general-election.html

        • Vincent Kimosop, Executive Director, International Institute for Legislative Affairs (ILA) – 21st July 2014.

      • expand button!
        7
        Score
        MODERATE
        In law, political parties and individual candidates have free or subsidized access to equitable air time for electoral campaigns?More about indicator

        • The Election Campaign Financing Act 2013, Section 20 (1): “The Commission shall, after consultation 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 the media coverage of a candidate, political party or referendum committee, which shall include – (a) paid-up advertisement; and (b) free broadcasting spots or coverage in print media”.

        • The Constitution of Kenya 2010, Article 92 (a): “Parliament shall enact legislation to provide for— the reasonable and equitable allocation of airtime, by State-owned and other specified categories of broadcasting media, to political parties either generally or during election campaigns”.

        • Election Act 2011, Section 41 (1), (2) & (3): (1)“a political party participating in an election shall have access to the state owned media services during the campaign period”; (2) “The Commission shall, after consultations with the independent candidates, the political parties concerned and the officers responsible for the state owned media services, monitor the equitable allocation of air-time during the campaign period”; (3) “Every state owned print or electronic media which publishes any information relating to the electoral process shall be guided by the principle of total impartiality and shall refrain from any discrimination in relation to any candidate”.

        • Election Act 2011, Section 108 :“All candidates and political parties participating in an election shall be allocated reasonable airtime in all broadcasting media during the campaign period”.

        • Kenya Broadcasting Act 2003, Section 8 (k): “in consultation with the Electoral Commission, during the campaign period preceding any presidential, parliamentary or local government election, allocate free air time to registered political parties participating in the election to expound their policies”.

        • In sum, all registered political parties participating in an election as well as independent candidates are entitled to free access to state media. Section 20 (1) of the Election Campaign Financing Act 2013 and article 92 (a) of the Constitution of Kenya 2010 also allude to the possibility of the Independent Electoral and Boundaries Commission, through consultations with political parties, independent candidates and the authority responsible for regulation of the media in Kenya, limiting amount of coverage by private media and also requiring them to provide free broadcasting spots or coverage in the print media.

        • The Independent Electoral and Boundaries Commission is, however, yet to come up with a transparent criteria for determine access to free media by political parties and prescribed in the legislation.

        Scoring Criteria

        A YES score is earned where: 1) free or subsidized access to air time for electoral campaigns is granted in a transparent, equitable way, and 2) there are clearly defined eligibility criteria.

        A MODERATE score is earned where free or subsidized access to air time for electoral campaigns is granted in a transparent, equitable way, but eligibility criteria are not clearly defined.

        A NO score is earned where no such law exists.

        Sources

        • The Election Campaign Financing Act 2013, Section 20 (1) – http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

        • The Constitution of Kenya 2010, Article 92 (a) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=Const2010

        • Election Act 2011, Section 41 (1), (2) & (3) and Section 108 - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207

        • Kenya Broadcasting Act 2003 - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20221

      • expand button!
        8
        Score
        0
        In practice, to what extent is free or subsidized access to air time provided in a transparent, equitable way to political parties and individual candidates for electoral campaigns?More about indicator

        • Although the Constitution and the enabling legislation provide for free access to airtime by political parties during the campaign period, the Independent Electoral and Boundaries Commission is yet to come up with the criteria for operationalizing the same. The Kenya Broadcasting Corporation (KBC), however, provided some for political parties to explain their policies to the public the absence of a set criteria notwithstanding. Some party representatives are hosted on TV to explain their policies and sometimes answer questions from callers. Their were over 40 parties participating in the elections overall, so only parties with presidential candidates were featured. It is not very structured. KBC ranks low in terms of viewership, and confers little if any meaningful advantage to a candidate or a party. There were no complaints about this provision of time.

        • Consequently, the Kenyan media largely practiced self regulation through the mechanism of the Media Council of Kenya. The Media Council of Kenya in consultation with the Independent Electoral and Boundaries Commission, the media houses and the Government developed guidelines to assist journalist provide accurate, impartial, balanced and fair coverage of the elections.

        • So, the media largely covered candidates according to their newsworthiness. But they also ensured all the sides and points of view got heard. For the first time in Kenya’s history all the media houses in Kenya joined hands to organize a live presidential debate for all the eight contestants. The debate was aired in all television and radio channels.

        • The Kenya Broadcasting Corporation (KBC) which normally leans towards the ruling party and the incumbent president was not a problem in the 2013 elections because of two reasons. First, incumbency was shared by four of the contestants. Second, following the liberalization of the airwaves, the public broadcaster has fallen in ratings over the years and, thus, cannot confer any meaningful advantage to a candidate.

        Scoring Criteria

        A 100 score is earned where: 1) free or subsidized access to media advertising is always provided in a transparent and equitable way, and 2) the defined eligibility criteria are applied consistently.

        A 50 score is earned where: 1) free or subsidized access to media advertising is usually provided in a transparent and equitable way, but exceptions exist, or 2) the eligibility criteria are not always applied.

        A 0 score is earned where: 1) there's rarely free or subsidized access to air time for political campaign, and 2) access exists but is not provided in a transparent, equitable way.

        Sources

        • Kenya media sign up to new election code, By Laban Wanambisi, Capital News, April 2nd 2012 - http://www.capitalfm.co.ke/news/2012/04/kenyan-media-sign-up-to-new-election-code/

        • The Coverage of The Presidential Aspirants By Kenyan Media Ahead of The March 4th 2013 General Elections, Report of the Media Council of Kenya - http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=5&ved=0CDYQFjAE&url=http%3A%2F%2Fwww.mediacouncil.or.ke%2Fjdownloads%2FGeneral%2520Downloads%2Fcoverageofpresidentialaspirantsbykenyanmediaaheadofthemarch42013generalelection.pdf&ei=KVbsU73KJqPY0QXSr4HADA&usg=AFQjCNEZ9OKEZQJndcV5JIuabFva2xP_yQ

        • Dr. C. F. Onyango, Executive Director, Centre for Multiparty Democracy in Kenya (CMD-K) – 31/07/2014

        • Felix Owuor Odhiambo, Country Director, Electoral Institute for Sustainability of Democracy in Africa (EISA) – 30/07/2014

        • Dr. Collins Odote, Governance Consultant and Law Lecture at the University of Nairobi – 01/08/2014

  • expand button!

    Contribution and Expenditure Restrictions

    More about category
    composite
    72
    • expand button!
      General Rules on Electoral Campaign Contributions
      More about category
      • expand button!
        9
        Score
        NO
        In law, cash contributions are banned.More about indicator

        • Although Sections 7, 8, 9 10 & 15 of the Election Campaign Financing Act 2013 require all contributions to be deposited into dedicated accounts, but there is no explicit ban on cash contributions. Section 16 of the Election Campaign Financing Act 2013 merely requres candidates, political parties and referendum committees to “issue a receipt for any contribution exceeding twenty thousand shillings”. Contributions received from a harambee or public collections of monies or other property in aid or support of election campaigns can also be made in cash. The Political Parties Act 2011 also does not require donors to channel their contributions through dedicated accounts.

        Scoring Criteria

        A YES score is earned where cash contributions are banned and all financial contributions must be made via the banking system.

        A MODERATE score is earned where cash contributions are allowed up to a maximum limit, regardless of the limit.

        A NO score is earned where no such law exists.

        Sources

        • The Election Campaign Financing Act 2013, Sections 7, 8, 9 10, 15 & 16 - http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

      • expand button!
        10
        Score
        YES
        In law, there is a ban on anonymous contributions.More about indicator

        • Section 17 (1) (g) of the Political Parties Act 2011 requires parties to keep accurate and authentic record including “the latest audited accounts of the political party which shall be in accordance with the principles of accounting having regard to the purpose of this Act, showing – (i) the sources of the funds of the political party and names, addresses and such other contact details as the Registrar may require of any persons who have contributed thereto; --- [and] (iii) donations in cash or in kind”. This means that parties are expected to report all contributions.

        • The Election Campaign Financing Act 2013, Sections 13 (1) (a): “A candidate, a political party or referendum committee shall not receive and keep – anonymous contributions whether in cash or in kind ---”.

        • Section 16 (2) of the Election Campaign Financing Act 2013 says: "where contributions are received from a harambee, the authorized person should keep a record of the specific details of the harambee including the venue, date, organizer of harambee and total contributions"; whilst Section (3) provides that "A candidate, political party and referendum committee shall disclose the amount and source of contributions received for campaign for a nomination, an election or referendum, as the case may be". Section 27 (4) of the Political Parties Act 2011 states that: "A political party shall disclose to the Registrar full particulars of all funds or other resources obtained by it from any other source."

        Scoring Criteria

        A YES score is earned where the law stipulates that anonymous contributions are banned.

        A MODERATE score is earned where the ban exists, but it applies only to one actor (whether political parties or individual candidates). A MODERATE score is also earned where small anonymous donations are allowed up to a maximum threshold equal to or less than the equivalent to US$300.

        A NO score is earned where no such law exists.

        Sources

        • The Political Parties Act 2011 – Section 17 (1) (g) (i) & (iii) and 27(4)- http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

        • The Election Campaign Financing Act 2013, Sections 13 (1) (a), 16(2), 3 - http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

      • expand button!
        11
        Score
        YES
        In law, in-kind donations to political parties and individual candidates must be reported.More about indicator

        • Section 17 (1) (g) of the Political Parties Act 2011 requires parties to keep accurate and authentic records including “the latest audited accounts of the political party which shall be in accordance with the principles of accounting having regard to the purpose of this Act, showing – (i) the sources of the funds of the political party and names, addresses and such other contact details as the Registrar may require of any persons who have contributed thereto; --- [and] (iii) donations in cash or in kind”. This means that parties are expected to report all contributions.

        • Only political parties are required to report in kind contributions. Individual candidates are not explicitly required to report in kind contributions.

        • According to section 10(5) of the Election Campaign Financing Act, the expenditure reports submitted under subsections ( )(b), (2), (3), and (4) shall include records showing all transactions and income and expenditure statement. This section envisages that reports by political parties, political party candidates and independent candidates shall be submitted to the IEBC. Section 26.(I) of the Political Campaign Financing Act provides that “for purposes of financial accountability under this Act, a candidate, a political party, a referendum committee or an organization registered to campaign in support of a candidate, a political party or a referendum committee shall keep records of—(a)funds received for campaign expenses indicating the amount and the nature of funds received; (b)names, postal, physical and electronic addresses of contributors; (c)funds spent for nomination expenditure and campaign expenditure, as the case may be; and (d)in case of an organization registered to campaign in support of a candidate, a political party or a referendum committee, the name of the candidate, the political party or the referendum committee that the organization supported.”

        • According to section 2(1) of the Election Campaign Finance Act, ""contribution" means monetary and non-monetary contributions including loans, donations, grants, gifts, property, services provided to a candidate or political party, and money spent on behalf of a candidate, political party or referendum committee in paying any expenses incurred directly or indirectly, but does not include volunteer services"

        Scoring Criteria

        A YES score is earned where all in-kind donations must be reported to the oversight authority.

        A MODERATE score is also earned if the requirement to report such information exists, but applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        • The Political Parties Act 2011 – Section 17 (1) (g) (i) & (iii)- http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

        • The Election Campaign Financing Act, section 10(5), section 26(i)Political Campaign Financing Act, section 2 (1), section 10(5), section 26(i), http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

      • expand button!
        12
        Score
        YES
        In law, loans to political parties and individual candidates must be reported.More about indicator

        • The Election Campaign Financing Act 2013, Sections 12 (1) (d): recognizes loans as a form of contribution which must be reported along with other financial contributions from both candidates and parties.

        • The Political Parties Act 2011 – Section 16 (1): declares fully registered political parties as body corporate that can transact business. Parties are expected to report all sources.

        Scoring Criteria

        A YES score is earned where all loans must be reported to the oversight authority.

        A MODERATE score is earned where loans must be reported, but the requirement applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        • The Political Parties Act 2011 – Section 16 (1) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

        • The Election Campaign Financing Act 2013, Sections 12 (1) (d): http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

    • expand button!
      Limits on Contributions and Expenditures during Electoral Campaign Periods
      More about category
      • expand button!
        13
        Score
        YES
        In law, contributions from individuals are limited to a maximum amount.More about indicator

        • The Election Campaign Financing Act 2013, Sections 12 (2): “--- no contribution from a single source shall exceed twenty per cent of the total contributions received by that candidate, political party or referendum committee”.

        • The Political Parties Act 2011 – Section 28 (2): “---no person or organization 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 28 (6) exempts initial contribution both in cash and in kind from founding members within a party’s first year of existence.


        Peer Reviewer 1 comment: Disagree - a moderate score is justified. Whereas sections 12(2) of the Campaign Financing Act 2013 and 28(2) of the Political Parties Act 2011 seems to be clear on limits to individual contributions, given that the provisions are in relation to the percentage to the respective expenditures of candidates and political parties, these provisions may be ambiguous in practice.

        Peer Reviewer 2 comment: Agree. The ceilings placed under the Election Campaign Act art. 12 (2) and the Political Parties Act art. 28 (2) is not couched in absolute monetary terms. It is a percentage pegged on the total amount received by an individual candidate or political party. A percentage means there is not specific ceiling of contribution by an individual. The ceiling here is a moving target.

        Scoring Criteria

        A YES score is earned where: 1) individuals may not contribute more than a maximum amount established by the law.

        A MODERATE score is earned where a maximum amount exists, but it applies only to contributions for one actor (whether political parties or individual candidates). A MODERATE score is also earned where individuals are forbidden from making any contribution.

        A NO score is earned where no such law exists.

        Sources

        • The Political Parties Act 2011 – Section 28 (2) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

        • The Election Campaign Financing Act 2013, Sections 12 (2): http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

      • expand button!
        14
        Score
        YES
        In law, contributions from corporations are limited to a maximum amount.More about indicator

        • The Election Campaign Finance Act 2013 - Section 12 (1): “The Commission shall, at least twelve months before a general election, by notice in the Gazette, [among other things] prescribing limits on - - - (b) contributions from a single source”.

        • The Election Campaign Finance Act 2013 - Section 12 (2): “Except where contribution is from a candidate to that candidate’s campaign financing account, or from a political party or referendum committee to that political party’s or referendum committee’s campaign account, no contribution from a single source shall exceed twenty percent of the total contributions received by that candidate, political party or referendum committee”.

        • The Election Campaign Finance Act 2013 - Section 15 (3): “The money spent by an organization in support of a candidate, a political party or referendum committee shall be within the spending limits specified under this Act”.

        • The Election Campaign Finance Act 2013 Section 18 (2): Except for contributions by a candidate into his or her own campaign financing account, any contribution from a person, organization or any other lawful source contributed to a candidate, a political party or referendum committee campaign financing account shall not exceed the limit of the total contribution prescribed” by the Commission.

        • Political Parties Act 2011 - Section 28 (2): “ --- no person or organization shall, in any one year, contribute to a political party an amount, whether in cash or in kind exceeding five percent of the total expenditure of the political party”. Section 28 (3): “The total expenditure referred to in subsection (2) shall be in relation to the audited accounts of the political party, of the previous year”.

        Scoring Criteria

        A YES score is earned where: 1) corporations may not contribute more than a maximum amount established by the law.

        A MODERATE score is earned where a maximum amount or ban exists, but it applies only to contributions for one actor (whether political parties or individual candidates). A MODERATE score is also earned where corporations are forbidden from making any contribution.

        A NO score is earned where no such law exists.

        Sources

        • The Political Parties Act 2011 – Section 28 (2) & (3) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

        • The Election Campaign Financing Act 2013, Sections 12 (1) (b) & (2), Section 15 (3), and Section 18 (2): http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

      • expand button!
        15
        Score
        MODERATE
        In law, contributions from foreign sources are banned.More about indicator

        • The Political Parties Act 2011 – Section 27 (1) (c): The sources of other funds for a political party include "donations, bequests and grants from any other lawful source, not being from a non-citizen, foreign government, inter-governmental or non-governmental organization”. Section 27 (2) "A foreign agency or a foreign political party which shares an ideology with a political party registered in Kenya, may provide technical assistance --- (3) Technical assistance shall not include provision of any assets to the political party."

        • The Election Campaign Financing Act 2013, Sections 11 (b): the sources of funds for purposes of financing party nomination, election or referendum campaign include "contributions from a lawful source, not being directly from a foreign government; ---". The law, however, only refers to direct contributions from foreign governments and does not explicitly ban candidates from receiving donations from non-citizens or foreign companies.

        Scoring Criteria

        A YES score is earned where it is forbidden for political parties and individual candidates to receive contributions (financial or in-kind) from foreign sources.

        A MODERATE score is earned where: 1) the ban exists but it applies only to one actor (whether political parties or individual candidates), or 2) contributions from foreign sources are allowed to a maximum amount.

        A NO score is earned where no such law exists.

        Sources

        • The Political Parties Act 2011 – Section 27 (1),(2) & (3) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

        • The Election Campaign Financing Act 2013, Sections 11 (b): http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

      • expand button!
        16
        Score
        YES
        In law, contributions from third-party actors (unions, foundations, think tanks, political action committees, etc.) are limited to a maximum amount or banned.More about indicator

        • Section 12 (2) says that: "Except where contribution is from a candidate to that candidates campaign financing account, or from a political party or referendum committee to that political party's or referendum committee's campaign finaning account, no contribution from a single source shall exceed twenty percent of the total contributions received by that candidate, political party or referendum committee. Section 27 (1) of the Political Parties Act 2011 states that: "The sources of the other funds for a political party --- [include] (c) donations, bequests and grants from any other lawful source, not being from a non-citizen, foreign government, inter-governmental or non-governmental organization ---". Section 28 (2) states that: "Subject to subsection (6) [which exempts contribution or donation whether in 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] --- no person or organization shall, in any one year, contribute to a political party an amount, whether in cash or in kind exceeding five percent of the expenditure of the political party."

        • The Election Campaign Financing Act 2013 - Section 15 (3): “The money spent by an organization to campaign in support of a candidate, a political party or a referendum committee shall be within the spending limits specified under this Act”. See indicator 17 for details on these limits.

        Scoring Criteria

        A YES score is earned where: 1) third-party actors may not contribute more than a maximum amount established by the law, or 2) are forbidden from making any contribution.

        A MODERATE score is earned where: 1) the maximum amount or ban exists only for the majority of third-party actors, but not all, or 2) the maximum amount or ban exists, but applies only to contributions for either political parties or individual candidates.

        A NO score is earned where no such law exists.

        Sources

        • The Election Campaign Financing Act 2013, Sections 15 (3): http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

      • expand button!
        17
        Score
        NO
        In law, election campaign spending by political parties and individual candidates is limited to a maximum amount.More about indicator

        • The Constitution of Kenya 2010 – Article 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---”. (Also see Independent Electoral and Boundaries Commission Act 2011, Section (4) (i) for the same provision).

        • The Election Campaign Financing Act 2013 - Section 18 (1): “The 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”. Section 18 (3) empowers the Commission to vary the spending limits whilst section 18 (4) sets out the criteria that the Commission may use to determine the variations. These include :”(a) geographical features and urban centres; (b) type of election; (c) the population in an electoral area; (d) the number of party members in an electoral area; (e) the communication infrastructure in an electoral area”. Section 18 (5) restricts the application of (d) to party nomination expenditure of a party candidate.

        • The Independent Electoral and Boundaries Commission did not set any limits for the March 2013 general elections. So the provisions were not enforced. The Commission was expected to operationalize the law through regulations but it has not. Even though there are many provisions in the law, a lot is left at the discretion of the Commission.

        Scoring Criteria

        A YES score is earned where it is forbidden for political parties and individual candidates to spend more than a certain amount in a political campaign.

        A MODERATE score is earned where the maximum amount exists, but it applies only to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        • The Constitution of Kenya 2010 – Article 88 (4) (i): http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=Const2010

        • Independent Electoral and Boundaries Commission Act 2011 – Section 4 (i) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207A

        • The Election Campaign Financing Act 2013, Sections 18 (1) (3) (4) & (5): http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

      • expand button!
        18
        Score
        --
        Open Question: Do the national laws regulating political finance also apply to sub-national units? If not, to what extent do sub-national units have laws regulating political finance?More about indicator

        • The political finance laws are applicable to all candidates and parties whether they are campaigning or operating at the national or sub-national levels.

        • Sub-national units, thus, do not have similar laws of their own.

        • There are no reports of problems arising from gaps in the framework so far. No elections have been held since the enactment of the key political finance legislation (i.e. the Election Campaign Financing Act 2013).


        Peer Reviewer 1 comment: Agree. Kenya election framework is nationally regulated. The devolved units do not have powers in respect to political party or candidate campaign financing.

        Peer Reviewer 2 comment: Agree. The Constitution of Kenya, The Political Parties Act, The Elections Act and the Election Campaign Financing Act are all national laws that bind everyone nationally. They apply to County Governments as well. The current devolved structure came into being after the General Elections in 2013. So far, no gaps have been reported at the subnational level that are different from gaps at the national level.

        Scoring Criteria

        Please describe the applicability of national political finance regulations at the sub-national level, being sure to answer: 1) whether national laws are applicable to sub-national campaigns; 2) if not, to what extent do sub-national units have similar laws regulating political finance; and 3) whether there are any reports of problems arising from gaps in this framework.

        Sources

        • Mercy Njoroge, National Coordinator, Elections Observation Group (ELOG) – 28/07/2014

        • Dr. Charles Anderson Otieno, Director, Polity and Policy Kenya/UK Ltd – 25/07/2014

        • Caleb Khisa, Programme Manager, Friedrich Ebert Stiftung (FES) – 24/07/2014

        • Dr. C. F. Onyango, Executive Director, Centre for Multiparty Democracy in Kenya (CMD-K) – 31/07/2014

        • Felix Owuor Odhiambo, Country Director, Electoral Institute for Sustainability of Democracy in Africa (EISA) – 30/07/2014

        Reviewer's sources: Interview with Lucy Ndung'u, Registrar of political parties.

      • expand button!
        19
        Score
        --
        Open Question: What are the predominant sources of funding for electoral campaigns?More about indicator

        • The bulk of the funding for electoral campaigns comes from individual sources followed by corporate sources. The public funding provided through the Political Parties Fund is miniscule. Nevertheless, abuse of incumbency and corruption are a major source of indirect public funding. Indeed, wealthy individuals have a distinct advantage over less wealthy individuals in Kenya. It is only wealthy individuals who can run a serious presidential campaign. This is because they are able to support their parties and the party candidates vying for the various representative bodies. Such individuals can prop up a party in no time. Most parties cannot survive the withdrawal of support by such patrons.

        • Because state funding is very limited, individual candidates usually fund themselves and also support their sponsoring parties.

        • Candidates raise campaign resources through a variety of ways: donations from business people or private sector, personal wealth; harambees or public fundraising; fundraising dinners; soliciting moneys from social networks through mobile micro-payments (e.g. Martha Karua’s ‘Simama na Mama’ Initiative); donations from friends and relatives; abuse of incumbency and corruption; donations from family and friends; contributions from political parties and presidential candidates etc.

        • Parties raise moneys through state funding; contributions from founders and/or patrons; membership contributions; party nominations fees; and contributions from foreign governments.


        Peer Reviewer comment: Agree. Self-sponsorships by candidates complemented by voluntary contributions from friends and social networks make for the bulk of campaign financing. Political parties also generally have internal rules for membership contributions, nomination fees and contributions by their members in leadership positions. Corporates marginally make contributions to political parties and candidates.

        Individual candidates largely sponsor their own campaigns. This generally gives significant advantage for candidates with large pools of resources. Candidates also receive funding from foreign sources.

        Political parties invariably require their members occupying leadership positions to make subscription payments to the party. Presidential candidates and their associates on occasions generate contributions through trusts or associations: Friends of Raila Odinga; Democratic Foundation.

        Scoring Criteria

        Please describe the important sources of funding for electoral campaigns, being sure to answer: 1) where does the preponderance of funding come from - public, individual, corporate, or other; 2) to what extent do individual candidates self-finance; and 3) do political parties have other methods of generating campaign funds, such as owning their own businesses or trusts.

        Sources

        • Mercy Njoroge, National Coordinator, Elections Observation Group (ELOG) – 28/07/2014

        • Dr. Charles Anderson Otieno, Director, Polity and Policy Kenya/UK Ltd – 25/07/2014

        • Vincent Kimosop, Executive Director, International Institute for International Affairs (ILA) – 21st July 2014.

        • Political parties finances to be checked, By Protus Onyango, The Standard, October 22nd 2012 - http://www.standardmedia.co.ke/article/2000069023/political-parties-finances-to-be-checked

        • Cord to name Kenya Anglo Leasing links, By Francis Mureithi, The Star, May 2nd 2014 – http://www.the-star.co.ke/news/article-165432/cord-name-kenya-anglo-leasing-links

        • New parties miss out on State funds, rely on members, By Edwin Mutai, Business Daily October 3rd 2013 - http://www.businessdailyafrica.com/New-parties-miss-out-on-State-funds-and-rely-on-members/-/539546/2018068/-/d20jd9/-/index.html

        • Ruling on parties’ cash to try the cohesion of major coalition, By Walter Menya, Saturday Nation, February 8th 2014 - http://www.nation.co.ke/news/politics/Ruling-on-parties-cash-to-try-the-cohesiveness/-/1064/2198608/-/5gtqxv/-/index.html

        • Parties seek funding law review, By Lucas Barasa, Daily Nation, February 2014 - http://www.nation.co.ke/news/politics/Parties-seek-funding-law-review/-/1064/2194712/-/dwt3x1/-/index.html

        • Uhuru’s party dislodges ODM as the richest, By Victor Juma, Daily Nation, October 8th 2013 - http://www.businessdailyafrica.com/Corporate-News/Uhuru-party-dislodges-ODM-as-the-richest/-/539550/2024444/-/item/0/-/xx7vu2/-/index.html

        • Uhuru has got muscle to power huge campaign, By Allan Kisia, The Standard, December 3rd 2012 - http://www.standardmedia.co.ke/?articleID=2000071986&story_title=uhuru-has-got-muscle-to-power-huge-campaign-machine&pageNo=1

        • Cord team to spend sh13 billion in election, By Star Team, The Star, January 14, 2013 - http://www.the-star.co.ke/news/article-102651/cord-team-spend-sh13-billion-election

        • Audit: 10 Parliament spent CDF cash on campaigns, The Standard, July 24th 2014 - https://www.standardmedia.co.ke/m/?articleID=2000129266&story_title=Audit-10th-Parliament-spent-CDF-cash-on-campaigns

        • Is it possible the Cord leaders are living in a fools’ paradise? By Daudi Mwenda, The Weekend Star, July 26/27th 2014 - http://www.the-star.co.ke/news/article-179961/it-possible-cord-leaders-are-living-fools-paradise

        • Report reveals how money decides leadership, By Bernard Namunane, Sunday Nation, March 9th 2014 - http://www.nation.co.ke/news/Report-reveals-how-money-decides-leadership/-/1056/2237346/-/5lt34tz/-/index.html

        • Ruto dinner raises Sh 41 million, By Julius Sigei, Daily Nation, September 5th 2012 - http://www.nation.co.ke/news/politics/Ruto-dinner-raises-Sh41m/-/1064/1497590/-/46r5cyz/-/index.html

        • Raila to host Sh 100, 000 dinner, By Benard Namunane and Isaac Ongiri, Daily Nation, July 4th 2012 - http://www.nation.co.ke/news/politics/Raila-to-host-Sh100000-dinner/-/1064/1445194/-/5sm1cq/-/index.html

        • Exit harambees, enter dinner dates, By Isaac Ongiri, Daily Nation, November 23rd 2012 - http://www.nation.co.ke/news/Exit-harambees-enter-dinner-dates/-/1056/1627830/-/54gsflz/-/index.html

        • Kenyan candidates raise billions for epic State House race, By Mwaura Kimani and Christine Mungai, Daily Nation, February 3rd, 2012 - http://www.nation.co.ke/news/politics/-/1064/1319812/-/h5dfvb/-/index.html

        • Wiper hosts Sh 50, 000 plate dinner, By Nation Correspondent, Daily Nation, September 3rd 2012 - http://www.nation.co.ke/news/politics/Wiper-hosts-Sh50000-plate-dinner-/-/1064/1495746/-/89mtfuz/-/index.html

        • Karua to rely on small donors to fund her presidential campaign, By Nation Reporter, Saturday Nation, July 28th 2012 - http://www.nation.co.ke/news/politics/Karua-to-rely-on-small-donors-to-fund-her-presidential-campaign-/-/1064/1465666/-/14r11oi/-/index.html

        • Political parties cash in on mad rush for tickets, By Jacob Ng’etich, The Standard, December 23rd 2012 - http://www.standardmedia.co.ke/m/story.php?articleID=2000073540

        Reviewer's sources: Interview with Dr. Adams Oloo, University of Nairobi Interview with Zephania Aura, Senior Elections Advisor, USAID-Kenya

      • expand button!
        20
        Score
        --
        Open Question: Have there been documented instances of violations of contribution or expenditure limits or any of the laws mentioned above (Section 2)?More about indicator

        • Given that the March 2013 general elections took place before the enactment of the Election Campaign Financing Act 2013 in December 2013, contributions to and expenditure by candidates was not regulated. So the bulk of contributions were channeled through candidates who in turn utilized the resources directly in their own campaigns.

        • Because contributions to candidates and expenditure by them were not regulated, the same was not documented and also did not constitute a violation. Political parties, largely, declared funds received from the state and members. The bulk of the funding was channeled through individual candidates and various campaign lobbies.

        • However, there were documented instances of violation of provisions of the law proscribing voter bribery (as covered in indicator 31) and use of state resources (as covered in indicator 6).


        Peer Reviewer comment: Agree. The Election Campaign Finance Act had not been enacted when the General Elctions were held in 2013. There were however provisions in the Constitution and the Elections Act requiring the Independent Electoral and Bounderies Commission to regulate campaign finance. The IEBC however did not issue any guidelines or set any standards in so far as contributions were concerned. The result was that there were really no violations as there were no laws and guidelines to set the standard. Subsequently however through some election petitions, some violations were documented. In Musikari Nasi Kombo v. Moses Masika Wetangula (High Court Petition Number 3 of 2013), the High Court found the respondent guilty of bribing voters.

        Scoring Criteria

        Please list and describe all documented instances of: 1) violation of contribution limits, 2) violation of expenditure limits, and 3) financial contributions that circumvent the regulatory framework. The objective of this question is to learn more about the local context, so please explain the cases in as much detail as relevant.

        Sources

        • Dickson Omondi, Deputy Executive Director, National Democratic Institute for International Affairs (NDI) – 20th July 2014.

        • Mercy Njoroge, National Coordinator, Elections Observation Group (ELOG) – 28/07/2014

        • Court decision expected to deter voter bribery, By Elvis Ondieki, Saturday Nation, March 16th 2014 - http://www.nation.co.ke/news/politics/Court-decision-expected-to-deter-voter-bribery/-/1064/2245500/-/ur4cm8/-/index.html

        • Championing Values During Hard Times: Election Monitoring and Observation Report, The Commission on Administrative Justice (CAJ), 2013 - http://www.ombudsman.go.ke/index.php?option=comdocman&task=catview&gid=9&Itemid=238

        • Countdown to the March 2013 General Elections: Interim Elections Monitoring Report, Kenya Human Rights Commission, 2013 - http://www.khrc.or.ke/resources/publications/cat_view/37-downloads/38-civil-a-political-rights.html

        • The Democratic Paradox: A Report of Kenya’s 2013 General Elections, Kenya Human Rights Commission (KHRC), 2014 - http://www.khrc.or.ke/resources/publications/cat_view/37-downloads/38-civil-a-political-rights.html

        Reviewer's sources: Musikari Nazi Kombo v Moses Masika Wetangula & 2 others [2013] eKLR available at http://kenyalaw.org/caselaw/cases/view/90978/

  • expand button!

    Reporting and Public Disclosure

    More about category
    composite
    31
    • expand button!
      Reporting Requirements to the Oversight Entity
      More about category
      • expand button!
        21
        Score
        MODERATE
        In law, political parties and individual candidates report itemized contributions and expenditures both during and outside electoral campaign periods.More about indicator

        • The Election Campaign Financing Act 2013 - Section 10: (1): “A party candidate shall submit to the political party of the candidate and to the Commission (a) a preliminary nomination expenditure report within twenty-one days of the political party nomination; and (b): the final expenditure report within three months after elections”. (2): “a political party shall within three months after the election, submit the final expenditure report to the Commission”. (3): “An independent candidate shall within three months after the election submit the final expense report to the Commission”. (4): “A referendum committee shall, within three months after the referendum submit the final expenditure report to the Commission”. (5): “--- [All] expenditure reports submitted --- shall include records showing all transactions and income and expenditure statements”. The Elections Campaign Financing Act 2013 only regulates how candidates and parties mobilize and utilize resources during the electoral period. Candidates are therefore only expected to make specific reports during the period and are, therefore, free to raise and spend funds outside the electoral period without such reports.

        • The Political Parties Act 2011 - Section 30 (1): “A political party shall, at least, sixty days before a general election submit to the Registrar a register of its members and a statement of its assets and liabilities in the prescribed form”.

        • The Political Parties Act 2011- Section 31 (1): “A political party should keep proper books and records of account of the income, expenditure, assets and liabilities of the political party”. (2): “A political party shall within three months after the end of each financial year submit to the Auditor-General the accounts of the political party in respect of that year.

        • The Political Parties Act 2011 - Section 29 (1): “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; (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”.

        • In sum, the Political Parties Act 2011 requires political parties are expected to report twice outside election and once during elections. Outside elections the law requires parties to report to the Registrar and to the Public, respectively, three months after the end of the financial year and within ninety days of the end of a financial year. During elections the law requires parties to report to the Registrar sixty days before a general election. The Election Campaign Financing Act 2013, however, requires independent and party candidates, political parties and referendum committees to report to the Independent Electoral and Boundaries Commission once within three months after the election. Political party candidates are, in addition, required to submit a preliminary expenditure report to the parties and the Commission within twenty one days of the political party nomination.


        Peer Reviewer comment: Agree. The form of the reports contemplated under the Act will be elaborated in regulations. Regulations envisaged under the Political Parties Act, 2011 have also not been published.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates are required to report itemized contributions and expenditures to the oversight authority, both during and outside electoral campaign periods.

        A MODERATE score is earned where: 1) the requirement applies for itemized contributions, but not for itemized expenditures, or 2) it applies only during the electoral campaign but not outside it. A MODERATE score is also earned where the requirement exists, but it only applies to one actor (whether political parties and individual candidates).

        A NO score is earned where no such law exists.

        Sources

        • The Political Parties Act 2011 – Section 29 (1), Section 30 (1), and Section 31 (1)- http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

        • The Election Campaign Financing Act 2013, Sections 10 (1), (2), (3), (4) & (5): http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

        Reviewer's sources: Interview with Bosire Nyamori, Advocate and Governance Consultant

      • expand button!
        22
        Score
        MODERATE
        In law, political parties and individual candidates are required to report their financial information on a monthly basis during the electoral campaign.More about indicator

        • The Election Campaign Financing Act 2011 - Section 10: (1): “A party candidate shall submit to the political party of the candidate and to the Commission (a) a preliminary nomination expenditure report within twenty-one days of the political party nomination; and (b): the final expenditure report within three months after elections”. (2): “a political party shall within three months after the election, submit the final expenditure report to the Commission”. (3): “An independent candidate shall within three months after the election submit the final expense report to the Commission”. (4): “A referendum committee shall, within three months after the referendum submit the final expenditure report to the Commission”. (5): “--- [All] expenditure reports submitted --- shall include records showing all transactions and income and expenditure statements”.

        • The Political Parties Act 2011 - Section 30 (1): “A political party shall, at least, sixty days before a general election submit to the Registrar a register of its members and a statement of its assets and liabilities in the prescribed form”.

        • The Election Act 2011- Section 2 --- '"election period" means the period between the publication of a notice by the Commission for presidential, parliamentary, or county election under Section 14, 16. 17 and 19 and the Gazettement of the electoral results". Section 14 (1) "Whenever a presidential election is to be held, the Commission shall publish a notice of the holding of the election in the Gazette and in the electronic and print media of national circulation - (a) in case of a general election, at least sixty days before the date of the election"; ditto, parliamentary [16 (1) (a)], gubernatorial [17 (1) (a)], and county assembly election [19 (1) (a)]. The Elections (General) Regulations, 2012 - Section 87 (4) the shall publish a notice in the Gazette within seven days declaring the president elect.

        • The law only requires one off reporting during the election period. Even if the election period reporting is converted into a regular calendar reporting it still falls short of monthly reporting. The law distinguishes between election period and campaign period. The election period is the period between the publication of a notice by the Commission for a presidential, parliamentary and county election, at least sixty days, and the publication of the election results. The campaign period is time when the campaigns are officially declared, usually 3-4 weeks between the party nominations and the elections. The Election Campaign Financing Act 2013 requires candidates and parties to report about their financial activities during the electoral period whilst the Political Parties Act 2011 requires parties to report on their annual incomes and expenditures.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates must report monthly their financial information to the oversight authority during the electoral campaign.

        A MODERATE score is earned where the requirement exists on a quarterly basis. A MODERATE score is also earned where the requirement only applies to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        • The Political Parties Act 2011 – Section 30 (1) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

        • The Election Campaign Financing Act 2013 - Sections 10 (1), (2), (3), (4) & (5) - http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

        • The Election Act 2011- Section 2, 14 (1), 16 (1), 17 (1), and 19 (1); and The Elections (General) Regulations, 2012 - Section 87 (4) - http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionsActNo24of2011_New.pdf

      • expand button!
        23
        Score
        MODERATE
        In law, political parties and individual candidates are required to report their financial information on a quarterly basis outside of electoral campaign periods.More about indicator

        • The Political Parties Act 2011- Section 31 (1): “A political party should keep proper books and records of account of the income, expenditure, assets and liabilities of the political party”. (2): “A political party shall within three months after the end of each financial year submit to the Auditor-General the accounts of the political party in respect of that year. (2) The accounts of every political party shall be audited annually by the Auditor – General and shall be submitted to the Registrar and Tabled in the National Assembly.

        • The Political Parties Act 2011 - Section 29 (1) & (2): “(1) 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; (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”; “(2) The publication referred to in subsection (1) shall be in at least two newspapers having nationwide circulation”.

        The Elections Campaign Financing Act 2013 only regulates how candidates and parties mobilize and utilize resources during the electoral period. Candidates are therefore only expected to make specific reports during the period and are, therefore, free to raise and spend funds outside the electoral period without any required reports.

        Scoring Criteria

        A YES score is earned where political parties and individual candidates must report quarterly their financial information to the oversight authority outside of electoral campaign periods.

        A MODERATE score is earned where the requirement exists on a yearly basis. A MODERATE score is also earned where the requirement only applies to one actor (whether political parties or individual candidates).

        A NO score is earned where no such law exists.

        Sources

        • The Political Parties Act 2011 – Section 29 (1) & (2) and 31 (1) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

      • expand button!
        24
        Score
        0
        In practice, to what extent do political parties and individual candidates report itemized financial information monthly?More about indicator

        • Political parties are only required to publish financial statements annually and also make a financial report to the Registrar of Political Parties sixty days before a general election. They thus submitted annual financial statements for the year ended June 2013 that captured the monies they raised in the financial year June 2012 - June 2013 and how they spent it on electoral activities and other things. The annual reports also broadly detail the political parties expenditures.

        • The new Election Campaign Financing Act 2013, which was not implemented during the last elections, also only requires candidates and parties to make specific reports to the Independent Electoral and Boundaries Commission around the campaign period. Candidates did not make any reports on the 2013 general elections because the applicable law was not in force.

        Scoring Criteria

        A 100 score is earned where: 1) political parties and individual candidates report on their financial information monthly, and 2) the reports include both itemized contributions and itemized expenditures.

        A 50 score is earned where: 1) the reports are occasionally general rather than itemized or don't contain all accounts, or 2) the reporting frequency is quarterly.

        A 0 score is earned where: 1) political parties and individual candidates rarely or never file reports, 2) the reports are filed but are rarely or never itemized or refer only to either contributions or expenditures, or 3) the reporting frequency is less than quarterly.

        Sources

        • Dr. C. F. Onyango, Executive Director, Centre for Multiparty Democracy in Kenya (CMD-K) – 31/07/2014

        • Dr. Charles Anderson Otieno, Director, Polity and Policy Kenya/UK Ltd – 25/07/2014

        • Vincent Kimosop, Executive Director, International Institute for Legislative Affairs (ILA) – 21st July 2014.

      • expand button!
        25
        Score
        25
        In practice, to what extent do financial reports by political parties and individual candidates include all types of contributions?More about indicator

        • Political parties were only required to submit to the Registrar of Political Parties statements of their assets and liabilities 60 days before an election. The rest of the information came out when they published their annual financial statements at the end of the financial year. The annual financial statements report broad sources of income e.g. membership fees, contribution from members, nomination fees, and government political party fund. Most parties either under-declare 'donations from well wishers' or do not include them at all. Yet these constitute the key source of campaign funds.

        • The law requiring candidates and parties to report on contributions and expenditure during the election period was not in place by the time the March 2013 general elections were happening. Consequently, candidates did not submit any financial reports for the 2013 general elections.

        Scoring Criteria

        A 100 score is earned where: 1) reports include an itemized list of all contributions indicating their type (in-kind, cash where allowed, etc.) and amount (estimated value for in-kind contributions), and 2) contain donors' names and addresses (or other personal identifier).

        A 50 score is earned where only one of the two conditions listed in the 100 criteria is met.

        A 0 score is earned where neither condition is met.

        Sources

        • Parties yet to reveal cost of campaigns, By Oliver Mathenge, Saturday Nation, July 21st 2012 - http://www.nation.co.ke/news/politics/Parties-yet-to-reveal-cost-of-campaigns/-/1064/1460470/-/vne9s8z/-/index.html

        • Parties on the spot over funds, By Kenneth Ogosia, Daily Nation, May 28th 2009 - http://www.nation.co.ke/news/politics/-/1064/604248/-/khxyirz/-/index.html

        • Make ‘donations’ from businessmen public, By Ken Opalo, The Standard, June 27th 2013 - https://www.standardmedia.co.ke/mobile/?articleID=2000100550&story_title=make-campaign-donations-from-businessmen-public

        • Dr. Collins Odote, Governance Consultant and Law Lecture at the University of Nairobi – 01/08/2014

        • Dr. C. F. Onyango, Executive Director, Centre for Multiparty Democracy in Kenya (CMD-K) – 31/07/2014

    • expand button!
      Availability of Electoral Campaigns' Financial Information to the Public
      More about category
      • expand button!
        26
        Score
        MODERATE
        In law, financial information from political parties and individual candidates must be available to the public.More about indicator

        • The Election Campaign Financing Act 2013 - Section 16 (5): “The disclosure of funds shall be confidential and details of such funds shall not be divulged except where such information is the subject of a complaint or an investigation, or is the subject of proceedings in a court of law”.

        • The Election Campaign Financing Act 2013 - Section 26 (2): “The Commission shall on request, make available for inspection information submitted by a candidate, a political party or a referendum committee under this Act. (3) A request for information referred to under section 2 shall be subject to confidentiality requirements of the Commission”.

        • The Political Parties Act 2011 - Section 29 (1) & (2): “(1) 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; (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”; “(2) The publication referred to in subsection (1) shall be in at least two newspapers having nationwide circulation”.

        • The Political Parties Act 2011 - Section 31 (5): “Any person shall be entitled, to inspect the audited accounts by a political party and, upon payment of a fee prescribed by the Registrar be issued copies of the audited accounts”.

        • Whilst the Political Parties Act 2011 requires parties to publish reports annually in, at least, two newspapers with national circulation, the Election Campaign Financing Act 2013 considerably restricts public access to the campaign finance records of candidates, parties and referendum committees. The Election Campaign Financing Act 2013 and the Political Parties Act 2011 are two separate laws implemented by the Independent Electoral and Boundaries Commission and the Registrar of Political Parties, respectively.

        Peer Reviewer comment: Agree. On the face of it, sections 15(5) and 26(2) of the Election Campaign Financing Act, 2013 seem to be contradictory. To the extent that section 15(5) prohibits publication of information held by the IEBC it potentially limits the operation of Article 34 of the Constitution on freedom of information. However it is expected that the Regulations will provide necessary certainty in respect to the procedure of publication of finance records.

        Interview with Nur Ghalgan, Advocate, Legislative Drafter and Governance Consultant

        Scoring Criteria

        A YES score is earned where in law financial information of political parties and individual candidates must be made available to the public, whether online or digitally within two days of request.

        A MODERATE score is earned where financial information must be made available to the public, but no requirement exists regarding cost, format or number of days within which it must be made available.

        A NO score is earned where no such law exists.

        Sources

        • The Political Parties Act 2011 – Section 29 (1) &(2) and Section 31 (5) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

        • The Election Campaign Financing Act 2013 - Sections 16 (5) and Section 26 (2) & (3) - http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

      • expand button!
        27
        Score
        25
        In practice, to what extent can citizens easily access the financial information of all political parties and individual candidates?More about indicator

        • Given that the Election Campaign Financing Act 2013 was enacted after the March 2013 general elections, candidates and political parties were not required to publish their campaigns' financial information. It is only political parties that were required to submit their statements of assets and liabilities to the Registrar of Political Parties and thereafter publish their audited annual financial accounts at the end of the financial year.

        • The political parties published their audited annual financial accounts in the print media. They also submit the same reports to the Auditor and Controller General and the Registrar of Political Parties. The Financial Statements for the year ended June 2013 submitted by political parties broadlly details their incomes and expenditures, including campaign income and expenditure. The financial statements published by political parties in the print media were abridged versions of those the submit to the Controller and Auditor General and the Registrar of Political Parties who the law compels to avail the same to members of the public at a fee upon request. The Registrar of Political Parties charges a premium photocopying fee of Kshs. 10 per page.

        • The reports of the Controller and Auditor General on the Annual Financial Statements of Political Parties have been uploaded on the Registrar of Political Parties's webpage effective from 15th July 2014. The researcher submitted a letter to the Registrar requesting for the political parties financial statements and the response was swift and immediate. The documents were availed at photocopying cost.

        Scoring Criteria

        A 100 score is earned where: 1) all relevant financial information is freely available online, 2) it can be obtained digitally within two days of requesting it, and 3) it is in a machine readable format (for example in csv or xml format).

        A 50 score is earned where: 1) information is available but in some cases is incomplete or lacking detail, 2) obtaining complete information takes up to a month, or 3) it's not necessarily digital or in machine readable format.

        A 0 score is earned where: 1) the information is not publicly available, or 2) obtaining it takes more than three months, or 3) the cost of obtaining it is prohibitive for the regular citizen.

        Sources

        • Parties yet to reveal cost of campaigns, By Oliver Mathenge, Saturday Nation, July 21st 2012 - http://www.nation.co.ke/news/politics/Parties-yet-to-reveal-cost-of-campaigns/-/1064/1460470/-/vne9s8z/-/index.html

        • Mercy Njoroge, National Coordinator, Elections Observation Group (ELOG) – 28/07/2014

        • Dr. C. F. Onyango, Executive Director, Centre for Multiparty Democracy in Kenya (CMD-K) – 31/07/2014

        • Felix Owuor Odhiambo, Country Director, Electoral Institute for Sustainability of Democracy in Africa (EISA) – 30/07/2014

        • Dickson Omondi, Deputy Executive Director, National Democratic Institute for International Affairs (NDI) – 20th July 2014.

      • expand button!
        28
        Score
        25
        In practice, to what extent is financial information published in a standardized format?More about indicator

        • Given that the Election Campaign Financing Act 2013 was enacted after the March 2013 general elections, candidates and political parties were not required to publish their campaigns' financial information. It is only political parties that were required to submit their statements of assets and liabilities to the Registrar of Political Parties and thereafter publish their audited annual financial accounts at the end of the financial year.

        • The political parties publish their audited annual financial accounts in the print media. The financial statements published by political parties in the print media were abridged versions of those the submit to the Controller and Auditor General and the Registrar of Political Parties who the law compels to avail the same to members of the public at a fee upon request. This information is availabe in the form of basic financial statements, with their generally comparible framework. However, there are no clear guidelines of the level of detail required, or which categories to be used, and thus the statements are not directly comparable.

        Scoring Criteria

        A 100 score is earned where financial information for all political parties and individual candidates is available to the public in a standardized format.

        A 50 score is earned where only part of the information is published in a standardized format. A 50 score is also earned where the information is standardized, but it doesn't cover all political parties and individual candidates.

        A 0 score is earned where financial information is not available in a standardized format.

        Sources

        • Parties yet to reveal cost of campaigns, By Oliver Mathenge, Saturday Nation, July 21st 2012 - http://www.nation.co.ke/news/politics/Parties-yet-to-reveal-cost-of-campaigns/-/1064/1460470/-/vne9s8z/-/index.html

        • Mercy Njoroge, National Coordinator, Elections Observation Group (ELOG) – 28/07/2014

        • Dr. C. F. Onyango, Executive Director, Centre for Multiparty Democracy in Kenya (CMD-K) – 31/07/2014

        • Felix Owuor Odhiambo, Country Director, Electoral Institute for Sustainability of Democracy in Africa (EISA) – 30/07/2014

        • Dickson Omondi, Deputy Executive Director, National Democratic Institute for International Affairs (NDI) – 20th July 2014.

        TNA Financial Statements for the Year Ended 30th June, 2013. https://www.dropbox.com/s/4ao45lobsekihra/TNA%20Audited%20Accounts.pdf?dl=0

        ODM Financial Statements for the Year Ended 30th June, 2013. https://www.dropbox.com/s/t5r6l40eqjyuxv1/ODM%20Audited%20Accounts.pdf?dl=0

      • expand button!
        29
        Score
        100
        In practice, to what extent do mainstream journalism media outlets use political finance data in their reporting?More about indicator

        • The mainstream media in Kenya is usually keen in using political finance data whenever it is available. So, media reporting normally focuses on the publication of annual political parties’ audited accounts which they feature as paid adverts and also write commentaries on them. Most media houses also cover the announcement of the publication of the amounts of monies disbursed to political parties by the Registrar of Political Parties and also extensively cover the concomitant debates.

        • The only challenge is the paucity of quality political finance data. Indeed, the citation of the Coalition for Accountable Political Financing (CAPF) report on the 2007 election by the Standard and other newspapers several times before and after the March 2013 general elections attest to this fact.

        • The bulk of media reporting on political financing is based on leakages from political party secretariats and state officials.

        Scoring Criteria

        A 100 score is earned where at least three independent mainstream journalism media outlets have used officially published political party or individual candidate financial information as part of their reporting.

        A 50 score is earned where one independent mainstream journalism media outlet has used officially published financial information as part of its reporting.

        A 0 score is earned where no mainstream journalism media outlet has used officially published financial information as part of its reporting.

        Sources

        • Uhuru’s party dislodges ODM as the richest, By Victor Juma, Business Daily, October 8th 2013 - http://www.businessdailyafrica.com/Corporate-News/Uhuru-party-dislodges-ODM-as-the-richest/-/539550/2024444/-/item/0/-/xx7vu2/-/index.html

        • New parties miss out on State funds, rely on members, By Edwin Mutai, Business Daily, October 3rd 2013 - http://www.businessdailyafrica.com/New-parties-miss-out-on-State-funds-and-rely-on-members/-/539546/2018068/-/d20jd9/-/index.html

        • Audit Show TNA running on empty, By Nation Reporter, Daily Nation, February 21st 2014 - http://www.nation.co.ke/news/politics/Audit-shows-The-National-Alliance-running-on-empty/-/1064/2217036/-/13k5d7x/-/index.html

        • Fresh storm in Uhuru’s party over cash, By James Mbaka, The Standard, February 29th 2014 - http://www.standardmedia.co.ke/mobile/?articleID=2000104949&story_title=fresh-storm-in-uhuru-s-party-over-cash&pageNo=1

        • Campaigns could cost Sh 36 billion, By Jacob Ng’etich, The Standard, January 6th 2013 - http://www.standardmedia.co.ke/m/story.php?articleID=2000074352

        • NSIS takes closer look at source of poll billions, By Stephen Makabila, July 8th 2012 - http://www.standardmedia.co.ke/article/2000061413/nsis-takes-closer-look-at-source-of-poll-billions?articleID=2000061413&story_title=nsis-takes-closer-look-at-source-of-poll-billions&pageNo=1

        • Campaign billions must not disrupt economy, By - , The Standard, July 3rd 2012 - http://www.standardmedia.co.ke/?articleID=2000061020&pageNo=1

        • Why stolen billions threaten free polls, By Vitalis Kimutai, The Standard, July 16th 2012 - http://www.standardmedia.co.ke/?articleID=2000061966&story_title=Why-stolen-billions-threaten-free-polls

        • Campaign cash poses new challenge to economy, By Jackson Okoth, The Standard, July 3rd 2012 - http://www.standardmedia.co.ke/article/2000061018/campaign-cash-poses-new-challenge-to-economy

        • Dickson Omondi, Deputy Executive Director, National Democratic Institute for International Affairs (NDI) – 20th July 2014.

        • Caleb Khisa, Programme Manager, Friedrich Ebert Stiftung (FES) – 24/07/2014

        • Felix Owuor Odhiambo, Country Director, Electoral Institute for Sustainability of Democracy in Africa (EISA) – 30/07/2014

      • expand button!
        30
        Score
        0
        In practice, to what extent were there no news reports or other documented incidents of violation or abuse of political finance laws?More about indicator

        • There were numerous reports about the violation of political finance laws in place during the March 2013 general elections. This largely centred on abuse of state resources, and voter bribery and vote buying.

        • In fact, had the Election Campaign Financing Act 2013 been in place during the campaign period, the amount of reporting on violation would have increased several fold. Indeed, other forms of abuse were not reported because the applicable laws were not yet in force - notably, candidates were not rquired to report. Also, the Registrar of Political parties prefered to work quitely with political parties to help them adhere to reproting requirements, and has never publicized any financial or reporting violations by political parties.

        Scoring Criteria

        A 100 score is earned where there were no news reports or other documented incidents of violation or abuse of political finance laws during the most recent national election.

        A 50 score is earned where there were news reports or other documented incidents of no more than two cases of violation or abuse of political finance laws during the most recent national election.

        A 0 score is earned where there were frequent news reports or other documented incidents of violation or abuse of political finance laws during the most recent national election.

        Sources

        • Championing Values During Hard Times: Election Monitoring and Observation Report, The Commission on Administrative Justice (CAJ), 2013 - http://www.ombudsman.go.ke/index.php?option=comdocman&task=catview&gid=9&Itemid=238

        • Darubini ya Uchaguzi Issue No. 2, Elections Observation Group (ELOG), July/August 2012 - http://www.elog.or.ke/index.php/maps/reports/summary/1-general/32-darabuni-ya-uchaguzi-no2

        • Darubini ya Uchaguzi Issue No. 3, Elections Observation Group (ELOG), September/October 2012 - http://www.elog.or.ke/index.php/maps/reports/summary/1-general/33-darabuni-ya-uchaguzi-no3

        • Countdown to the March 2013 General Elections: Interim Elections Monitoring Report, Kenya Human Rights Commission, 2013 - http://www.khrc.or.ke/resources/publications/cat_view/37-downloads/38-civil-a-political-rights.html

        • The Democratic Paradox: A Report of Kenya’s 2013 General Elections, Kenya Human Rights Commission (KHRC), 2014 - http://www.khrc.or.ke/resources/publications/cat_view/37-downloads/38-civil-a-political-rights.html

        • Court decision expected to deter voter bribery, By Elvis Ondieki, Saturday Nation, March 16th 2014 - http://www.nation.co.ke/news/politics/Court-decision-expected-to-deter-voter-bribery/-/1064/2245500/-/ur4cm8/-/index.html

        • Vincent Kimosop, Executive Director, International Institute for Legislative Affairs (ILA) – 21st July 2014.

        • Mercy Njoroge, National Coordinator, Elections Observation Group (ELOG) – 28/07/2014

        • Dickson Omondi, Deputy Executive Director, National Democratic Institute for International Affairs (NDI) – 20th July 2014.

      • expand button!
        31
        Score
        0
        In practice, to what extent were there no news reports or other documented incidents of vote-buying?More about indicator

        • Vote buying is rampant in Kenya during campaign periods. There were numerous media reports on vote buying during the March 2013 general elections and even during subsequent by elections. Several incidences of vote buying were also documented by the Election Observation Group (ELOG), a coalition of civil society and faith-based organizations, and the Kenya Human Rights Commission (KHRC).

        • Indeed, accusation of voter bribery resulted in the nullification of the election victory of the Senator for Bungoma, Moses Wetangula, who is a principal leader of the main opposition coalition. He, however, won the ensuing by-elections. He was found guilty of issuing Kshs. 260, 000 (about US$ 3, 059) bribe to a congregation of pastors and bishops on 22nd February 2013. Also, the author personally witnessed a parlimantary candidate in Nairobi ferry several van-loads of university students to the polling station and paying them Kshs. 500 each to vote for during the party nominations.


        Peer Reviewer comment: Agree. While reports of vote-buying are made persistently and consistently during elections, there is hardly any attempt to stop it. The reviewer had raised this matter with the Registrar of Political Parties and the Elections Body without any investigations being done. There is only one case in which through a petition the High Court and on appeal the Court of Appeal the courts found and affirmed that bribery had taken place. No initiative by the registrar of political parties or any other authority has led to any tangible sanction for individual candidates and political parties.

        Scoring Criteria

        A 100 score is earned where there were no news reports or other documented incidents of vote-buying during the most recent national election.

        A 50 score is earned where there were news reports or other documented incidents of no more than two cases of vote-buying during the most recent national election.

        A 0 score is earned where there were frequent news reports or other documented incidents of vote-buying during the most recent national election.

        Sources

        • Report reveals how parties bribed voters and botched their nomination, By John Njagi, Sunday Nation, March 9, 2014 - http://www.nation.co.ke/news/Report-reveals-how-parties-voters-and-botched-their-nominations/-/1056/2237344/-/tp0k19/-/index.html

        • Delaying voting to stem defection was the straw that broke the camel’s back, By Kennedy Masime, Daily Nation, January 23, 2013 - http://www.nation.co.ke/oped/Opinion/-/440808/1673526/-/kkr46vz/-/index.html

        • Zebedeo Opore wins Bonchari by-election, By Nation Team, Daily Nation, June 23rd 2014 - http://www.nation.co.ke/news/politics/Zebedeo-Opore-Ford-People-Bonchari-By-Election/-/1064/2359468/-/14cwg5/-/index.html

        • Vote buying claims fly in senate race, By Rapahel Wanjala, Daily Nation, December 19th 2013 - http://www.nation.co.ke/news/politics/Vote-buying-claims-fly-in-senate-race/-/1064/2119438/-/t7xxll/-/index.html

        • Cost of bribing voters, winning polls up in Kenya, and someone has to pay, By Charles Onyango-Obbo, Daily Nation, January 16th 2013 - http://www.nation.co.ke/oped/Opinion/-/440808/1667316/-/klawebz/-/index.html

        • Two arrested over bribery claims in Bungoma, By John Shilista and Mazera Ndurya, Daily Nation, December 19th 2013 - http://www.nation.co.ke/news/politics/Two-arrested-over-bribery-claims-in-Bungoma/-/1064/2118390/-/12r5h7xz/-/index.html

        • Court decision expected to deter voter bribery, By Elvis Ondieki, Saturday Nation, March 16th 2014 - http://www.nation.co.ke/news/politics/Court-decision-expected-to-deter-voter-bribery/-/1064/2245500/-/ur4cm8/-/index.html

        • The Democratic Paradox: A Report of Kenya’s 2013 General Elections, Kenya Human Rights Commission (KHRC), 2014 - http://www.khrc.or.ke/resources/publications/cat_view/37-downloads/38-civil-a-political-rights.html

        • ELOG By-Elections Observation Report: Siaya Gubernatorial, Kibwezi West and Matungulu National Assembly, Elections Observation Group (ELOG), October 17th 2013 - http://www.elog.or.ke/index.php/maps/reports/summary/1-general/30-elog-by-elections-report-october-2013

        • Darubini ya Uchaguzi Issue No. 2, Elections Observation Group (ELOG), July/August 2012 - http://www.elog.or.ke/index.php/maps/reports/summary/1-general/32-darabuni-ya-uchaguzi-no2

        • Darubini ya Uchaguzi Issue No. 3, Elections Observation Group (ELOG), September/October 2012 - http://www.elog.or.ke/index.php/maps/reports/summary/1-general/33-darabuni-ya-uchaguzi-no3

        Reviewer's sources: Bosire Boniface, "Voter-bribery in Kenya compromises democracy", Feb 27, 2013, http://sabahionline.com/enGB/articles/hoa/articles/features/2013/02/27/feature-01?changelocale=true

        Bosire Boniface, "Corruption and violence mar Kenyan primaries" Jan 28, 2013, http://sabahionline.com/en_GB/articles/hoa/articles/features/2013/01/28/feature-02

        In Musikari Nasi Kombo v. Moses Masika Wetangula (High Court Petition Number 3 of 2013), the High Court found the respondent guilty of bribing voters. Musikari Nazi Kombo v Moses Masika Wetangula & 2 others [2013] eKLR available at http://kenyalaw.org/caselaw/cases/view/90978/

      • expand button!
        32
        Score
        0
        In practice, to what extent do civil society organizations use political finance data?More about indicator

        • There is no documented evidence of civil society using officially published political party or individual candidate financial information during the March 2013 general elections.

        • The failure of civil society to use officially published political finance information in their work may have to do with the quality of the data at present. Only political parties have reported on their sources of contributions as well as their expenditures every year (election years included by default). However, the money political parties receive from the Registrar of Political parties plus the extra they raise on their own and declare are a drop in the ocean compared to the money candidates raise and spend during campaign periods. Also, the extra cost of purchasing the information is also a disincentive to civil society. Political parties financial statements are submitted to the Registrar of Political Parties who then charges a premium photocopying fee of Kshs. 10 per page.

        Scoring Criteria

        A 100 score is earned where at least three civil society organizations have used officially published political party or individual candidate financial information as part of their advocacy or awareness work.

        A 50 score is earned where one civil society organization has used officially published financial information as part of its advocacy or awareness work.

        A 0 score is earned where no civil society organization has used officially published financial information as part of its work.

        Sources

        • Dr. C. F. Onyango, Executive Director, Centre for Multiparty Democracy in Kenya (CMD-K) – 31/07/2014

        • Felix Owuor Odhiambo, Country Director, Electoral Institute for Sustainability of Democracy in Africa (EISA) – 30/07/2014

        • Mercy Njoroge, National Coordinator, Elections Observation Group (ELOG) – 28/07/2014

        • Dr. Charles Anderson Otieno, Director, Polity and Policy Kenya/UK Ltd – 25/07/2014

      • expand button!
        33
        Score
        --
        Open Question: Have there been political finance legal reforms or reform bills presented to the legislature in the last 10 years?More about indicator

        • Unregulated political financing has led to serious corruption in Kenya, resulting in the loss of billions of shillings, thereby, undermining economic growth, democracy and the very stability of the country. The re-introduction of multi-party democracy in 1991 only seems to have aggravated the situation.

        • The Goldenberg, Karura Forest, and Anglo Leasing scandals are classic examples. This scenario persisted despite the seemingly important anti-corruption measures undertaken following the coming into power of the opposition coalition, the National Rainbow Coalition in 2003 e.g. the enactment of elaborate anti-corruption and good governance legislations, establishment of relevant institutions to fight the vice, and the use of judicial redress. Indeed, over time, it became very clear to reformist in the legislature, civil society and the executive that any fight against corruption that does not begin by addressing the problem of political financing stands to fail.

        • In Parliament the legal affairs committee and the caucus of legislators who are members of the African Parliamentary Network Against Corruption (APNAC) have been very instrumental in pushing for political finance reforms. In the executive, the defunct Ministry for Justice National Cohesion and Constitutional Affairs worked very closely with the Kenya Law Reform Commission to push for the reforms. On the demand side, a number of civil society organizations - notably the Coalition for Accountable Political financing (CAPF) steered by the Centre for Governance and Development (CGD), Transparency International, Kenyan Chapter (TI-K), the Centre for Multiparty Democracy in Kenya (CMD-K), the Institute for Education in Democracy (IED) and the Caucus for Women’s leadership (CWL); and the Name and Shame Corruption Networks Campaign (NASCON) – also pushed for political finance regulation reforms. It is these efforts that ensured political finance regulation reform was mainstreamed in the Constitution of Kenya 2010 and the enabling legislation.

        • In order to operationalize the Constitution all previous legislations have been reviewed and new ones introduced. These include:

        • The Independent Ethics and Anti-Corruption Commission Act 2012. The Act provides for the prevention, investigation, and punishment of corruption, economic crime and related offences. It, among other things, criminalizes bribery, fraud, embezzlement or misappropriation of public funds and abuse of office and, thus, has the potential of preventing abuse of incumbency.

        • The Political Parties Act 2011, which provides for the registration management and transparent and accountable financing of political parties.

        • The Independent Electoral and Boundaries Commission Act 2011 which empowers the Independent Electoral and Boundaries Commission (IEBC) to set the amount of money that may be spent by or on behalf of a candidate or party in respect of any election.

        • The Election Act 2011 which, among other things, regulate political parties’ access to state owned media services, and checks abuse of incumbency by barring public officers from engaging in partisan politics and prohibiting the use of public resources during election campaigns.

        • The Public Appointments (Parliamentary Approval) Act 2011 and the Independent Offices (Appointment) Act 2011 which checks the use of patronage as a means of rewarding benefactors by political parties and candidates after elections.

        • The Independent Ethics and Anti-Corruption Commission Act 2012. The Act provides for the prevention, investigation, and punishment of corruption, economic crime and related offences. It, among other things, criminalizes bribery, fraud, embezzlement or misappropriation of public funds and abuse of office and, thus, has the potential of preventing abuse of incumbency.

        • The Leadership and Integrity Act 2012 which gives life to Chapter Six of the Constitution by establishing procedures and mechanism for effective administration of the same with a view to promoting ethics, integrity and servant leadership among state officers.

        • The Public Finance Management Act 2012, which, among other things, compels the National Treasury to prepare a pre - and post - election economic and fiscal update to Parliament detailing both direct and indirect election expenses and any other expenses related to the election as specified in regulations or instructions.

        • The Election Campaign Financing Act 2013 which regulates the mobilization and utilization of resources by political actors during elections and referenda.

        Peer Reviewer 1 comment: Agree. • Constitution of Kenya, 2010: provides a strong foundation for political parties’ regulation and campaign financing. Article 81 provides principles of representation; Article 88(4)(i) provides for regulation of campaign expenditure; Article 92 provides for legislation on regulation of campaign financing. • Political Parties Act, 2011 provides for establishment of political parties fund; public funding of political parties; regulation of donations to political parties; • Campaign Financing Act, 2013 provides for regulation of political campaign financing; campaign expenditures; donations to political campaigns; disclosure and reporting of campaign income and expenditures; and sanctions and dispute resolution respecting campaign finance.

        Joash Dache, Secretary and CEO, kenya Law Reform Commission Constitution of Kenya 2010. http://kenyalaw.org/kl/index.php?id=398 Transparency in Campaign and Political Financing, The Coalition for Accountable Political Financing, CMD, August, 2012 http://www.cmd-kenya.org/files/Campaign-Financing-Bill-Digest.pdf

        Peer Reviewer 2 comment: Agree. Besides the laws enumerated by the researcher, the Constitution of Kenya 2010 was promulgated after over twenty years of agitation for a new constitution. The Constitution lays down principles of governance under article 10 which include good governance integrity , transparency and accountability. It also contains a whole chapter 6 on leadership and integrity that provides a good foundation for regulating political party financing. Article 88 of the Constitution of Kenya 2010 establishes the Independent Electoral and Boundaries Commission responsible for among other functions 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.

        The courts also issues a judgment in respect of a challenge by smaller political parties questioning the equity of the political party financing formula. These reforms have come after a long period of agitation. The Coalition for Accountable Political Party Financing has been active for close to ten years urging the regulation of political party financing. This was largely informed by the increasingly negative role that money, most of it largely illicit, has played in the politics of Kenya.

        The Constitution of Kenya, available at http://kenyalaw.org/kl/index.php?id=398 Transparency in Campaign and Political Financing, The Coalition for Accountable Political Financing, CMD, August, 2012 http://www.cmd-kenya.org/files/Campaign-Financing-Bill-Digest.pdf

        Scoring Criteria

        Please list and describe all documented instances of: 1) political finance reforms, including bills passed, executive orders signed, court rulings and any other legal act that had a direct effect on existent political finance regulation, and 2) all legal reform attempts presented to the legislature even if they were not approved. Please describe the political context that produced the reforms or reform attempts.

        Sources

        • Campaign and Political Financing in Kenya, by Kennedy Masime, Election Observation Group’s Election Bulletin, Darubini Ya Uchaguzi, October 2012 - http://www.elog.or.ke/index.php/maps/reports/finish/1-general/33-darabuni-ya-uchaguzi-no3/0

        • Vincent Kimosop, Executive Director, International Institute for Legislative Affairs (ILA) – 21st July 2014.

        • Dickson Omondi, Deputy Executive Director, National Democratic Institute for International Affairs (NDI) – 20th July 2014. • The Ethics and Anti-Corruption Commission Act 2012 - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%2065A

        • The Political Parties Act 2011-http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

        • The Independent Electoral and Boundaries Commission Act 2011 - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207A

        • The Election Act 2011-http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207

        • The Public Appointments (Parliamentary Approval) Act 2011- http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP%20136

        • The Independent Offices (Appointment) Act 2011 - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20181

        • The Leadership and Integrity Act 2012 - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20182

        • The Public Finance Management Act 2012-http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20412C

        • The Election Campaign Financing Act 2013-http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

  • expand button!

    Third Party Actors

    More about category
    composite
    16
    • expand button!
      Applicability of the Law to Third-Party Actors
      More about category
      • expand button!
        34
        Score
        MODERATE
        In law, third-party actors (foundations, think tanks, unions, political action committees, etc.) report itemized contributions received and expenditures to an oversight authority and the information is made publicly available.More about indicator

        • The Election Campaign Financing Act 2013 - Section 15 (4): “An organization which campaigns in support of a candidate, a political party contesting in an election or a referendum committee shall, within one month after the election, submit its final report to the respective authorized person”. Section 6 (1) identifies the authorized persons: “(a) a candidate; (b) an agent of the candidate; (c) political party campaign financing committee; and (d) referendum campaign financing committee”.

        • It is, thus, the responsibility of the candidate, political party or referendum committee that the organization supported to include the information in his/her or its report as the case may be. The report will then be subject to the provisions of the Election Campaign Financing Act 2013 which highly restricts public access to such information. In sum, third party actors who engage in electoral activities independent of campaigns must report, but their reports are usually not publicly accessible.


        Peer Reviewer comment: Disagree. I think the score should be lower. Under the Elections Campaign Financing Act 2013 at Section. 15 (4), there is a requirement for any organization that campaigns in support of a candidate, political party or a referendum to submit final report to the respective authorised person. There is no public agency that is established and given a legal mandate to ensure compliance with this provision.

        Scoring Criteria

        A YES score is earned where: 1) third-party actors are required to report to the oversight authority itemized contributions received and expenditures related to their support of electoral campaigns, and 2) the information must be publicly available.

        A MODERATE score is earned where third-party actors are required to report itemized contributions received and expenditures related to their support of electoral campaigns, but the information is not required to be publicly available. A MODERATE score is also earned where regulations exist, but only apply to electoral campaigns of one actor (whether political party or individual candidate).

        A NO score is earned where no such law exists.

        Sources

        • The Election Campaign Financing Act 2013 - Sections 15 (4) and 6 (1) - http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

      • expand button!
        35
        Score
        0
        In practice, to what extent do third-party actors (foundations, think tanks, unions, political action committees, etc.) report itemized contributions received and expenditures to an oversight authority?More about indicator

        • Due to the gap in legislation that existed before the enactment of the Election Campaign Financing Act 2013 in December 2013, the activities of third party actors were not regulated at all. Consequently, the lobby groups that emerged to campaign for presidential candidates, and to a lesser extent for other categories of candidates, were under no obligation to report their activities to the oversight authority (i.e. the Independent Electoral and Boundaries Commission).

        • Third party actors, thus, have not been making any reports to the oversight authority, let alone itemized contributions received and expenditures. However, courtesy of the new legislation, they will be required to seek official permission from the candidates and/or parties they will campaign for in future and make financial reports to the candidates or parties for onward transmission to the oversight authority.

        Scoring Criteria

        A 100 score is earned where all third-party actors report to an oversight authority both itemized contributions received and itemized expenditures.

        A 50 score is earned where third-party actors report to an oversight authority either itemized contributions received or expenditures, but not both. A 50 score is also earned where the reports refer only to one type of third-party actor, but do not cover others.

        A 0 score is earned where third-party actors rarely or never report itemized contributions received or expenditures.

        Sources

        • Dr. Collins Odote, Governance Consultant and Law Lecture at the University of Nairobi – 01/08/2014

        • Mercy Njoroge, National Coordinator, Elections Observation Group (ELOG) – 28/07/2014

        • Dickson Omondi, Deputy Executive Director, National Democratic Institute for International Affairs (NDI) – 20th July 2014.

      • expand button!
        36
        Score
        0
        In practice, to what extent can journalists and citizens easily access the financial information of third party actors, including the political spending of those actors in support of political parties and individual candidates?More about indicator

        • Third party actors in elections in Kenya, especially the lobby groups that emerge to campaign for presidential candidates during the campaign period, are usually informal and ad hoc organizations mainly run by volunteers. Their money raising and spending activities have hitherto not been documented at all. Other than allegations and counter allegations in the event of a fall-out between officials, little is known regarding how they mobilize and utilize resources.

        • It, therefore, follows that their financial information is currently not accessible to journalists and citizens. Even with the enactment of the Election Campaign Financing Act 2013, they are not required to report directly to the political finance oversight authority (i.e. IEBC) but to the candidates and political parties on whose behalf they raise and spent money. It is the beneficiary candidates and parties that are expected to report to IEBC.


        Peer Reviewer comment: Agree. The law regulating election campaign finance is new. There exists a gap in terms of regulating and requiring independent reporting and audit of third party actors in support of a candidate or a party in an election or referendum. Some news items have emerged of alleged impropriety in the accountability of funds by some lobby groups.

        Scoring Criteria

        A 100 score is earned where: 1) all relevant financial information is freely available online or in hard copy at the cost of photocopying, 2) it can be obtained within two days of requesting it, and 3) it is in a machine readable format (for example in csv or xml format).

        A 50 score is earned where: 1) information is available but in some cases is incomplete or lacking detail, 2) obtaining complete information takes up to a month, or 3) it's not necessarily in machine readable format.

        A 0 score is earned where: 1) the information is not publicly available, or 2) obtaining it takes more than three months, or 3) the cost of obtaining it is prohibitive for the regular citizen.

        Sources

        • Dr. Collins Odote, Governance Consultant and Law Lecture at the University of Nairobi – 01/08/2014

        • Mercy Njoroge, National Coordinator, Elections Observation Group (ELOG) – 28/07/2014

        • Dickson Omondi, Deputy Executive Director, National Democratic Institute for International Affairs (NDI) – 20th July 2014.

        Reviewer's sources: Lobby denies extortion in Uhuru's name at http://www.nation.co.ke/news/politics/Lobby-denies-extortion-in-Uhuru-name/-/1064/2522986/-/ffgnxk/-/index.html

      • expand button!
        37
        Score
        --
        Open Question: Please describe how third party-actors (even if they are not regulated by your country's laws) obtain contributions and spend in support of political parties and/or individual candidates.More about indicator

        • Since the re-introduction of multiparty democracy in Kenya in 1991, lobby groups have emerged to campaign for presidential candidates during general elections. Several such groups emerged during the last general elections e.g. Friends of Raila (FORA), ODM-Reloaded, Team Uhuru, Vigana for Uhuru etc. Such campaign lobbies are important elements in the presidential campaign as they enable the candidates to reach all the nooks and crannies of the country and also access specific segments of the society e.g. youth and women.

        • The groups gobble a lot of money from the various presidential campaign secretariats. They hardly raise substantial amounts of moneys on their own. They are usually dependent on the presidential campaign secretariats for funding.

        • However, in the past their expenditures have not been documented. The Election Campaign Financing Act 2013 which requires such third party actors to submit financial reports to the candidates and/or parties to include in their reports to the Independent Electoral and Boundaries Commission, was enacted in December 2013 and, thus, was not in place to regulate the March 2013 general elections.


        Peer Reviewer comment: Agree. • The remarkable thing about campaign lobby groups in Kenya is that they rely on the respective candidates and campaign secretariats to make provisions for funding. They are thus predominantly channels for mobilization as opposed to sources of campaign funding. • Campaign lobby groups provide minimal campaign financing. • Potentially, they can be used to obscure the extent of money used in political campaign since, in practice, they have not been subjected to disclosure requirements.

        Scoring Criteria

        To answer this question please: 1) list the types of third-party actors that exist in your country and describe how they work to influence campaigns, 2) explain how important such actors are or not in the context of campaigns, including whether their expenditures are substantial in relation to that of political parties and individual candidates, and 3) if documented evidence indicates they circumvent laws intended to regulate political finance, please explain how and include references to the evidence.

        Sources

        • Elizabeth Ongoro: Raila Odinga sycophants caused ODM election loss, By Rael Jelimo, The Sunday Standard, February 23rd 2014 - http://www.standardmedia.co.ke/mobile/?articleID=2000105330&story_title=ongoro-raila-sycophants-caused-odm-2013-election-loss

        • Dr. Charles Anderson Otieno, Director, Polity and Policy Kenya/UK Ltd – 25/07/2014

        • Dr. C. F. Onyango, Executive Director, Centre for Multiparty Democracy in Kenya (CMD-K) – 31/07/2014

        • Vincent Kimosop, Executive Director, International Institute for International Affairs (ILA) – 21st July 2014

        Reviewer's sources: Interview with Dr. Adams Oloo, PHD Lecturer University of Nairobi Interview with Dr. Collins Odote, PHD Lecturer University of Nairobi

  • expand button!

    Monitoring and Enforcement

    More about category
    composite
    46
    • expand button!
      Monitoring Capabilities
      More about category
      • expand button!
        38
        Score
        YES
        In law, political finance information is monitored by an independent oversight authority.More about indicator

        • Political finance regulation in Kenya is enforced by two oversight authorities: one, the Registrar of Political Parties who disburses state funding and also monitors the manner in which political parties mobilize and utilize resources; and, two, the Independent Electoral and Boundaries Commission which monitors the manner in which candidates, political parties and referendum mobilize and utilize resources during the campaign period.

        • The Election Campaign Financing Act 2013 – Section 3 (1) (a) (b) (c) (d) (e) (f) (g) (h) & (i): “ --- the Commission shall be responsible for the regulation and administration of campaign financing --- and shall – --- (b) supervise candidates, political parties, referendum committees --- in campaign expenses; (c) set spending limits and verify sources of contributions to a candidate, a political party or a referendum committee --- [etc]”. (2) "In performing its functions under subsection (1), the Commission may act in consultation with the Registrar.

        • The Election Campaign Financing Act 2013 - Section 4 (1-5) "(1) The Commission shall have the power to investigate or examine all matters relating to the performance of its functions under this Act. (2) For purposes of an investigation or examination under this Act, the Commission or a representative of the Commission authorised in writing may, at a reasonable time obtain a warrant and enter into any premises in which books, and documents of a candidate, a political party or a referendum committee or where material relevant to the subject matter of the investigation or examination is kept. (3) The Commission may request for information relating to party nomination expenses and election campaign expenses of a candidate, a political party or a referendum committee that is reasonably required in resepct of the functions of the Commission under this Act... (4)... such infromation shall be furnished to the Commission... (5) The Commission may take such other action as is necessary for purposes of carrying out its functions under this Act."

        • The Political Parties Act 2011 – Section 34: “The functions of the Registrar shall be to --- (a) register, regulate, monitor, investigate and supervise political parties to ensure compliance with the Act; (b) administer the [Political Parties] Fund; (c) ensure publication of audited annual accounts of political parties ---”.

        • The Political Parties Act 2011 – Section 31 (4): “The Registrar may at any time request the Auditor-General to carry out an audit of the accounts of a political party”.


        Peer Reviewer comment: Agree. Political parties in addition to being acountable to the Registrar of Political Parties and the Independent Electoral and Boundaries Commission are also supposed to be audited by the Auditor General of the Republic of Kenya. Under the Political Parties Act 2011, section 31 (4), the Registrar may at any time request the Auditor General to carry out an audit of the accounts of a political party.

        Scoring Criteria

        A YES score is earned where: 1) an independent oversight authority is mandated to monitor political finance information, and 2) the authority has investigation and audit powers.

        A MODERATE score is earned where the independent oversight authority is mandated to monitor political finance information, but doesn't have investigation or audit powers.

        A NO score is earned where no such law exists.

        Sources

        • The Political Parties Act 2011 – Section 31 (4) and Section 34 (a) (b) & (c) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

        • The Election Campaign Financing Act 2013 - Section 3 - http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

        • Independent Electoral and Boundaries Commission Act 2011 – Section 4(i) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207A

        • The Constitution of Kenya 2010 - Article 88 - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=Const2010

      • expand button!
        39
        Score
        MODERATE
        In law, high-level appointments to the oversight authority are based on merit.More about indicator

        • Political financing regulation in Kenya is enforced by the Office of the Registrar of Political Parties and the Independent Electoral and Boundaries Commission. The Registrar oversees political party financing throughout the electoral cycle whilst the Independent Electoral and Boundaries Commission enforces political financing during the election period.

        • The Political parties Act 2011 and the Independent Electoral and Boundaries Commission Act 2011 provides for a transparent appointment of the Registrar and the Chairperson and members of the Commission, respectively. They also provide for the respective qualifications for appointment to these offices.

        • The Political Parties Act 2011- Parts 1-10 of the Sixth Schedule to the Act elaborates the process of appointing the Registrar and Assistant Registrars. The process, when there is no controversy, involves the following key steps: (a) the appointment of a Selection Committee; (b) the advertisement of the vacancies by the Selection Committee in the Gazette, at least two newspapers of national circulation and in at least two radio and television stations with national coverage; (c) the short-listing and public interviewing of applicants by the Committee; (d) the nomination and forwarding of names of nominees to the President for appointment; (e) the selection of appointees from the list of nominees by the President who then forwards the same to Parliament for approval; (f) the consideration and approval of the nominees by Parliament which then forwards the names to the President for appointment.

        • The Political Parties Act 2011 - Section 33 (6) elaborately outlines the requisite qualification for a person to be appointed as a Registrar [of Political Parties] or Assistant Registrar. According to Section 33 (7) “A person shall not be qualified for appointment as a Registrar or Assistant Registrar if the person has, at any time within the preceding five years, held office or stood for election as a member of parliament or a county assembly or as a member of a governing body of a political party”.

        • The Political Parties Act - Section 34A (1-4) prescribe the manner in which the first selection committee and subsequent ones are to be appointed.

        • Independent Electoral and Boundaries Commission Act 2011 - Section 35 provides for the first Commission under the Act.

        • Independent Electoral and Boundaries Commission Act 2011 - Section 10 prescribes the manner in which the Secretary to the Commission is to be appointed as well as the desired qualifications for the ideal candidate.

        • Independent Electoral and Boundaries Commission Act 2011 - Section 5 provides for the composition and appointment of the Independent Electoral and Boundaries Commission whilst Section 6 outlines the requisite qualification for the chair and members of the Commission.

        • The First Schedule to the Independent Electoral and Boundaries Commission Act 2011 elaborates the manner in which the Chairman and members of the Commission are to be appointed. Part 1 (1-11) provides for the establishment of a Selection Panel to facilitate the appointment of the Chairman and members of the Commission. Parts 3-7 outline the steps through which the Chairperson and members of the Commission are appointed. These include: (a) the invitation of applications and the publication of names of all applicants and their qualifications in the Gazette, two newspapers of national circulation and on the Public Service Commission website; (b) the consideration, short-listing and public interviewing of the applicants; (c) the forwarding of the names of three nominees for the position of chairperson and 13 nominees for the position of commissioners to the President; (d) the nomination of one person as chairperson and eight persons as commissioners by the president who then forwards the list to the National Assembly for vetting and approval; (e) the consideration and approval of the names by the National Assembly which then forwards the names to the President who, by notice in the Gazette, appoints the Chairperson and the members. The law provides for the necessary iterations in the process in the event of any conflict.

        • The specific laws are silent on the matter of conflict of interest. But as state officers commisioners are subject to Chapter Six of the Constitution of Kenya 2010, which deals with leadership and integrity. According to Article 73 (2): "The guiding principles of leadership and integrity include - --- (c) selfless services based solely on the public interest, demonstrated by - (i) honesty in the execution of public duties; and (ii) the declaration of any of any personal interest that may conflict with public duties ---".

        Scoring Criteria

        A YES score is earned where: 1) high-level appointments must be based on merit in a public appointment process; and 2) appointees must be free of conflicts of interest due to personal loyalties, family connections, political party affiliations, business partners or other biases.

        A MODERATE score is earned where high-level appointments must be based on merit in a public appointment process, but the regulations don't forbid appointments involving conflicts of interest or other biases.

        A NO score is earned where no such law exists.

        Sources

        • Independent Electoral and Boundaries Commission Act 2011 – Section 5, Section 6, Section 10, Section 35, and First Schedule Parts 1-11 - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207A

        • The Political Parties Act 2011 – Section 34A (1-4), Section 36 (6) & (7), and Sixth Schedule Parts 1-10 - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

        • The Constitution of Kenya 2010 - Article 73 (2) (c) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=Const2010#KE/CON/Const2010/chap_6

      • expand button!
        40
        Score
        50
        In practice, to what extent are high-level appointments to the oversight authority based on merit?More about indicator

        • The appointment of the Chairman and commissioners of IEBC was one of the most rigorous public appointments ever witnessed in Kenya. Over 400 people applied for the nine positions. The vetting and interviews were conducted publicly and covered live by the media. The list of 400 comprised of a number of leading professionals on governance, democracy and elections in Kenya. Indeed, out of the 9 commisioners that served in the Interim Independent Electoral Commission (IIEC) that preceeded IEBC only two were retained: the Chairman and one commissioner. Yet it is evident that the current crop of commissioners may not necessarily be the best individual that could be chosen from the list of 400. Sceptics have alleged that some political horsetrading took place at the parliamentary vetting stage.

        • Although the post of the Registrar of Political Parties and three assistants have been advertised several times the recruitment process has always aborted as a result of one technicality or the other and the current office holder who was appointed by the Minister for Justice, National Cohesion and Constitutional Affairs in 2008 is still serving in an acting capacity. The delay was originally occasioned by a power play between the principles in previous coalition government (i.e. the President and the Prime Minister) that resulted in the passing of a deadline fixed by law. The law was changed to simplify the process by trasnferring the role to the Public Service Commision which actually advertised for the position of the Registrar and her three assistants in November 2012 but cancelled the adverts under pressure from the Office of the President. The law has since been changed again to give the role to parliament and the president.

        Scoring Criteria

        A 100 score is earned where: 1) there is an advertised competition and public vetting process, 2) candidates with the most merit and without conflicts of interest or other biases are appointed.

        A 50 score is earned where the public competition is usually advertised and the vetting process public, but exceptions exist. A 50 score is also earned where candidates with the most merit and without conflicts of interest or other biases are appointed but exceptions exist.

        A 0 score is earned where there's rarely or never a public competition, or appointees are rarely selected on merit or without conflicts of interest or other biases.

        Sources

        • Dickson Omondi, Deputy Executive Director, National Democratic Institute for International Affairs (NDI) – 20th July 2014.

        • Kenya edges closer to new electoral body, By Wambui Ndonga, Capital FM, October 7th 2011 - http://www.capitalfm.co.ke/news/2011/10/kenya-edges-closer-to-new-electoral-body/

        • Isaack, Koki, Murshid lead race for IEBC job, By Henry Wanyama, the Star, October 14th 2011 - http://www.the-star.co.ke/news/article-45544/isaack-koki-murshid-lead-race-iebc-job

        • Hassan leads the race for IEBC boss, By Wambui Ndonga, Capital FM, October 17th, 2011 - http://www.capitalfm.co.ke/news/2011/10/hassan-leads-the-race-for-iebc-boss/

        • Ready or Not? An Assessment of Kenya’s Preparedness for the General Election, Kenyans for Peace with Truth and Justice Report, September – December 2012 [pg 11] - http://www.africog.org/sites/default/files/Ready%20or%20Not%20Election%20Report%20Revised_0.pdf

        • Magara asks Uhuru to hire a political parties registrar, By Ramadhan Rajab, The Star, April 14, 2014 - http://www.the-star.co.ke/news/article-163416/magara-asks-uhuru-hire-political-parties-registrar#sthash.RNKzmpqw.dpuf

        • Appointment of political parties registrar stalls, By Stephen Makabila, The Standard, April 8th 2012 - http://www.standardmedia.co.ke/?articleID=2000055790&story_title=appointment-of-political-parties-registrar-stalls&pageNo=1

      • expand button!
        41
        Score
        YES
        In law, the independence of high-level appointees is guaranteed.More about indicator

        • The independence of the appointees of the political finance regulation oversight bodies (i.e. the Registrar of Political Parties and his/her assistants and the Chairman, secretary and members of the Independent Electoral and Boundaries Commission) is well entrenched in the law.

        • Independent Electoral and Boundaries Commission Act 2011 - Section 26 – “Except as provided in the Constitution, the Commission shall, in the performance of its functions, not be subject to the direction or control of any person or authority but shall observe the principle of public participation and the requirement for consultation with stakeholders”.

        • The Political Parties Act 2011 - Section 33 (5) “The Office of the Registrar shall be independent and shall not be subject to direction or control of any person or authority”.

        • The Election Campaign Financing Act 2013 - Section 5 “The Commission shall make rules to regulate election campaign financing – (a) in the case of a general election, at least twelve months before the election; and (b) in the case of a by-election, at such time as the Commission may determine”. The Election Campaign Financing Act 2013 - Section 4 (1-5) "(1) The Commission shall have the power to investigate or examine all matters relating to the performance of its functions under this Act. (2) For purposes of an investigation or examination under this Act, the Commission or a representative of the Commission authorised in writing may, at a reasonable time obtain a warrant and enter into any premises in which books, and documents of a candidate, a political party or a referendum committee or where material relevant to the subject matter of the investigation or examination is kept. (3) The Commission may request for information relating to party nomination expenses and election campaign expenses of a candidate, a political party or a referendum committee that is reasonably required in resepct of the functions of the Commission under this Act... (4)... such infromation shall be furnished to the Commission... (5) The Commission may take such other action as is necessary for purposes of carrying out its functions under this Act."

        • Constitution of Kenya 2010 - Article 249 (2) “The Commissions and other holders of independent offices – (a) are subject only to this Constitution and the law; and (b) are independent and not subject to direction or control by any person or authority”. Section 249 (3) “Parliament shall allocate adequate funds to enable each commission and independent office to perform its function and the budget of each commission and independent office shall be a separate vote”. Section 250 (9) “A member of a commission, or holder of an independent office, is not liable for anything done in good faith in the performance of a function of office”.

        • The law also provides for security of tenure and protects the Registrar and his/her assistants and the Chairperson and Members of the Commission from arbitrary removal or disciplinary action.

        • The Political Parties Act 2011 - Section 3 (9)”The Registrar and Assistant Registrar shall serve for a non-renewable term of six years and shall not be eligible for re-appointment”.

        • Independent Electoral and Boundaries Commission Act 2011 - Section 7 (1) “The members of the Commission shall be appointed for a single term of six years and shall not be eligible for a re-appointment”.

        • Independent Electoral and Boundaries Commission Act 2011 - Section 15 “Nothing done by a member of the Commission or by any electoral officer shall, if done in good faith for the purpose of executing the powers, functions or duties of the Commission under the Constitution or this Act, render such member or official personally liable for any action, claim or demand”.

        • The Political Parties Act 2011 - Section 37 (1) outlines the grounds on which the Registrar or Assistant Registrar may be removed from office. Section 37 (2-6) outline the steps involved: (a) presentation of a written petition to the Public Service Commission; (b) consideration of the petition by the Public Service Commission which then forwards it to the president if enough grounds exist; (c) the suspension of the Registrar or Assistant Registrar and the setting up of a Tribunal by the President; (d) expeditious investigation of the matter by the Tribunal which then makes a binding recommendation to the President. Section 37 (5) prescribes the manner in which the tribunal is to be constituted and the qualification of the members.

        • Constitution of Kenya 2010 - Article 251 (1) outlines the grounds on which members of independent commissions and holders of independent offices can be removed from office. Article 251 (2-7) delineates the steps involved: (a) the presentation of a petition to the National Assembly; (b) the consideration of the petition by the National Assembly which then forwards it to the President; (c) the suspension of the individual(s) concerned and the appointment of a tribunal by the President; (d) the investigation of the case(s) by the tribunal which thereafter makes a binding recommendation to the President. Section 251 (5) prescribes the composition of the tribunal and manner in which it is to be established.

        Scoring Criteria

        A YES score is earned where: 1) appointees have the authority or mandate to review cases and issue decisions, 2) the law establishes security of tenure, and 3) removal or disciplinary actions are based on due process conducted by a peer panel or independent oversight body.

        A MODERATE score is earned where appointees have the authority or mandate to review cases and issue decisions, BUT one of the second two conditions mentioned in the YES criteria is not met.

        A NO score is earned where no such law exists.

        Sources

        • The Election Campaign Financing Act 2013 - Section 4 and 5 – http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

        • The Constitution of Kenya 2010 - Articles 249 (2) & (3), 250 (9), and 251 (1-7) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=Const2010

        • Independent Electoral and Boundaries Commission Act 2011 – Section 7 (1), Section 15, and Section 26 - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207A

        • The Political Parties Act 2011 – Section 3 (9) and 33 (5) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

      • expand button!
        42
        Score
        25
        In practice, to what extent is the independence of high-level appointees guaranteed?More about indicator

        • The Chairman and commissioners of the Independent Electoral and Boundaries Commission and the Registrar of Political Parties enjoy considerable security of tenure and can only be removed from office through an elaborate process involving independent tribunals. However, while the Chairman and commissioners of IEBC were appointed through a transparent process and, therefore, enjoy considerable legitimacy and confidence in executing their mandate, the Registrar of Political Parties is serving in an acting capacity and is, thus, a bit constrained in her operations.

        • Nevertheless, both agencies have displayed a reluctance to discipline political parties even if they err. Political pressure is supported by a Kenyans for Peace and Truth with Justice statement which noted that the IEBC displayed 'a tendency to buckle under political pressure by repeatedly shifting timelines... at the whim of the stronger political parties'. The Commission not only failed to set campaign financing ceilings during the last general elections even though the Constitution and enabling legislation empowers it to do so, but also chose to only passively monitor the party nominations and failed to intervene even when gross violation of electoral laws took place. The Commission also failed to reign in abuse of public resources and vote buying despite the powers conferred upon it by the laws. Similarly, the Registrar of Political Parties has been rather timid in her dealings with political parties preferring to work with parties to go around issues rather than penalizing them. Both institutions were too overstretched in their work during the 2013 general elections and, thus, studiously eschewed anything that would further stretch their limited capacities.

        • IEBC leadership has remained a contentious political issue. In June 2014, opposition Cord publicly complained and filed a petition in Parliament seeking removal of IEBC commissioners. IEBS's head responded that he would not step down, and than constitutional process must be followed.

        Scoring Criteria

        A 100 score is earned where all of the following conditions are met: 1) appointees review cases and issue decisions without fear or favor from other branches of government, and 2) appointees are granted security of tenure and 3) no appointees are removed, disciplined or transferred without due process by a peer panel or independent oversight body.

        A 50 score is earned where any of the following conditions apply: 1) appointees generally operate without fear or favor from other branches of government but exceptions exist, or 2) some but not all appointees are granted security of tenure, or 3) appointees are occasionally removed, disciplined or transferred without due process by a peer panel or independent oversight body.

        A 0 score is earned where at least one of the following conditions apply: 1) appointees operate with fear or favor from other branches of government, or 2) are not granted security of tenure, or 3) are usually removed, disciplined or transferred without observing due process by a peer panel or independent oversight body.

        Sources

        • We have no apologies, Independence Electoral and Boundaries Commission official say, By Wilfred Ayaga, The Standard, July 8th, 2014 – http://www.standardmedia.co.ke/article/2000127472/we-have-no-apologies-iebc-officials-say/

        • Petition against IEBC rejected, By John Ngirachu, Daily Nation, July 30th, 2014 - http://www.nation.co.ke/news/politics/IEBC-Petition-National-Assembly-Jubilee-Cord/-/1064/2403400/-/12qc7be/-/index.html

        • We’re going nowhere, says IEBC Chairman, By Irene Githinji, The People Daily, June 24th, 2014 - http://www.mediamaxnetwork.co.ke/thepeople/86220/going-nowhere-says-iebc-chairman

        • Magara asks Uhuru to hire a political parties registrar, By Ramadhan Rajab, The Star, April 14, 2014 - http://www.the-star.co.ke/news/article-163416/magara-asks-uhuru-hire-political-parties-registrar#sthash.RNKzmpqw.dpuf

        • Critical Concerns over the Recent Nomination Exercise: Irregularities and Failure of Institutions to Exercise their Mandates to Govern Nomination and the Electoral Process, Press Statement by the Kenyans for Peace with Truth and Justice (KPTJ), January 27th 2013. http://www.africog.org/sites/default/files/KPTJ%20PRESS%20STATEMENT%20ON%20THE%20PARTY%20NOMINATIONS.pdf

        • Dr. Carey Francis Onyango, Executive Director, Centre for Multiparty Democracy in Kenya (CMD-K) – 31/07/2014

      • expand button!
        43
        Score
        --
        Open Question: How does decision-making work in the oversight authority?More about indicator

        • The Independent Electoral and Boundaries Commission make decisions through consensus. It makes key decisions through the plenary which involves all commissioners and directors who head the various departments. The Independent Electoral and Boundaries Commission has not operationalized the political finance regulations and did not implement the same during the 2013 general elections.

        • Although the Office of the Registrar of Political Parties is largely a one person outfit, it consults vary closely with political parties before making key decisions affecting them. The consultations take place through the mechanism of the Political Parties Liaison Committee (PPLC). Although the Acting Registrar usually carries out investigations she does not publicize her activities she has also not imposed any sanctions.


        Peer Reviewer 1 comment: Agree. The Commission is a collegiate body and is expected to make decisions in plenary comprising of the Chairman and all members of the Commission. The Secretary is an ex-officio member of the Commission. The Plenary relies on the Directors to undertake pre-liminary research and prepare papers for the Commission. The Commission also works through sub-committees which interract with directorates to undertake preliminary work for presentation to the plenary. in respect to its quasi judicial powers, the commission establishes Committees which have full decision making authority.

        Scoring Criteria

        Please describe: 1) the composition of the decision-making body within the oversight authority, 2) the type of decisions it's allowed to make and makes in practice, and 3) in which cases majority is required. If there have been well substantiated complaints about the decision-making process being ineffective or politicized please explain.

        Sources

        • Mercy Njoroge, National Coordinator, Elections Observation Group (ELOG) – 28/07/2014

        • Dickson Omondi, Deputy Executive Director, National Democratic Institute for International Affairs (NDI) – 20th July 2014.

        • Felix Owuor Odhiambo, Country Director, Electoral Institute for Sustainability of Democracy in Africa (EISA) – 30/07/2014

      • expand button!
        44
        Score
        25
        In practice, to what extent does the authority have sufficient capacity to monitor political finance regulations?More about indicator

        • Political finance regulation is enforced by two agencies in Kenya: the Registrar of Political Parties (RPP) and the Independent Electoral and Boundaries Commission (IEBC).

        • The law that empowers IEBC to oversee resource mobilization and utilization by candidates and parties during the campaign period, the Election Campaign Financing Act 2013, was enacted on 27th December 2013. It did not, therefore, have an impact on the March 2013 general elections. The Commission is yet to operationalize the law by developing regulations and, respectively, setting up and developing the requisite structures and capacities. The absence of the of the legislation, during the last election, also meant the IEBC was not in a position to regulate the amount of money spent by and on behalf of candidates and parties as required by the Constitution of Kenya 2010 and the Independent Electoral and Boundaries Commission Act 2011.

        • The Political Parties Act 2011 prescribes an elaborate mechanism for appointing the Registrar of Political Parties and her three assistants. But the law has not been fully implemented. The current Registrar is serving in an acting capacity. Several attempts have been made to appoint a substantive registrar. But all have failed due to one technicality or another. The corollary of this is that the Office of the Registrar of Political Parties is yet to be fully set up. In fact, the Registrar is still operating within IEBC. She only has skeletal staff. The failure by the government to allocate 0.3 per cent of the revenue its collects to the Political Parties Fund as required by the law, in the last two financial years, also means the Office of the Registrar of political has been starved of adequate funding. The Office of the Registrar’s share of the fund is pegged at five per cent of this .3 percent in the law so when the Fund gets less money it automatically also receives less funding. The Registrar explained that her office conducts investigations and detailed audits on annual reports submitted by parties by visiting party offices as well as through collaboration with the Controller and Auditor General. The Registrar does not, however, produce compliance reports.

        Scoring Criteria

        A 100 score is earned where: 1) the authority has sufficient budget to monitor all incoming reports, and 2) it has sufficient staff to review all incoming reports.

        A 50 score is earned where: 1) the authority has insufficient budget to monitor all incoming reports, or 2) its staff can only review half of all incoming reports.

        A 0 score is earned where: 1) the authority can't fulfill most of its essential functions due to budget constraints, or 2) its staff only has the capacity to review 25% or less of all incoming reports.

        Sources

        • The Historic Vote: Elections 2013, Elections Observation Group’ Election Monitoring and Observation Report, 2013 (pg 45) - http://elog.or.ke/images/THEELOGREPORT.pdf

        • Magara asks Uhuru to hire a political parties registrar, By Ramadhan Rajab, The Star, April 14, 2014 - http://www.the-star.co.ke/news/article-163416/magara-asks-uhuru-hire-political-parties-registrar#sthash.RNKzmpqw.dpuf

        • Dr. Collins Odote, Governance Consultant and Law Lecture at the University of Nairobi – 01/08/2014

        • Mercy Njoroge, National Coordinator, Elections Observation Group (ELOG) – 28/07/2014

        • Lucy K. Ndung'u, Registrar of Political Parties , 02/09/2014.

      • expand button!
        45
        Score
        0
        In practice, to what extent does the authority conduct investigations or audits when necessary?More about indicator

        • The Independent Electoral and Boundaries Commission is the regulator of political finance practices by candidates and parties during the campaign period in the March 2013 general elections. Although the Election Campaign Financing Act 2013 was not in place by the time of the elections the Elections Act 2011 outlaws abuse of state resources and vote buying which were nonetheless rampant during the 2013 general elections. Indeed, the Kenya (domestic) Election Observation Group (ELOG) documented vote buying in its monthly pre-election monitoring reports that it shared with the Commission but no action was taken. Several candidates and parties also called on the Commission to carry out investigations in vain. There were also numerous media reports that the Commission ignored too. The Kenya Human Rights Commission and the statutory Commission on the Administration of Justice also presented a lot of evidence.

        • The Registrar of Political parties also did not carry out any public investigations or audits on political parties related to the March 2013 general elections. Although the Registrar of Political parties explained that her officers conduct investigations and detailed audits on the annual reports submitted by visiting the political parties offices as well as through collaboration with the Controller and Auditor General's Office. She does not produce any reports on the same. It is only the Controller and Auditor General who produces reports. Such reports, however, focus on the use of taxpayers' monies and not political finance violations.

        Scoring Criteria

        A 100 score is earned where the authority conducted at least three investigations or audits during the most recent electoral campaign.

        A 50 score is earned where the authority conducted at least one investigation or audit during the most recent electoral campaign.

        A 0 score is earned where the authority didn't conduct any investigation or audit during the most recent electoral campaign.

        Sources

        • Lucy K. Ndung'u, Registrar of Political Parties , 02/09/2014.

        • Court decision expected to deter voter bribery, By Elvis Ondieki, Saturday Nation, March 15th 2015 - http://www.nation.co.ke/news/politics/Court-decision-expected-to-deter-voter-bribery/-/1064/2245500/-/ur4cm8/-/index.html

        • Cord reports Amani Coalition to IEBC for voter bribery, By Raphael Wanjala and John Shilitsa, Daily Nation, December 19th 2013 - http://www.nation.co.ke/news/politics/Cord-reports-Amani-Coalition-to-IEBC-for-voter-bribery/-/1064/2118876/-/y5kbnjz/-/index.html

        • Court orders full trial for poll petition, By Nation Reporter, Daily Nation, June 20th 2013 - http://www.nation.co.ke/news/politics/Court-orders-full-trial-for-poll-petition--/-/1064/1889616/-/32vo9d/-/index.html

        • David Makali calls on IEBC to stamp out bribery during Bungoma poll, By Raphael Wanjala, Daily Nation, December 19th 2013 - http://www.nation.co.ke/news/politics/David-Makali-Bungoma-Senate-By-Election/-/1064/2118242/-/h0a2x5z/-/index.html

        • IEBC asked to probe voter bribery, By Boniface Ongeri, Sunday Standard, December 2nd 2012 - http://www.standardmedia.co.ke/?articleID=2000071942&story_title=Kenya-IEBC-asked-to-probe-voter-bribery

        • Committee to Monitor 56 electoral offences, By Mwaniki Munuhe, Sunday Standard, November 4th 2012 - http://www.standardmedia.co.ke/?articleID=2000069886

        • Championing Values During Hard Times: Election Monitoring and Observation Report, The Commission on Administrative Justice (CAJ), 2013 - http://www.ombudsman.go.ke/index.php?option=comdocman&task=catview&gid=9&Itemid=238

        • Darubini ya Uchaguzi Issue No. 2, Elections Observation Group (ELOG), July/August 2012 - http://www.elog.or.ke/index.php/maps/reports/summary/1-general/32-darabuni-ya-uchaguzi-no2

        • Darubini ya Uchaguzi Issue No. 3, Elections Observation Group (ELOG), September/October 2012 - http://www.elog.or.ke/index.php/maps/reports/summary/1-general/33-darabuni-ya-uchaguzi-no3

        • Countdown to the March 2013 General Elections: Interim Elections Monitoring Report, Kenya Human Rights Commission, 2013 - http://www.khrc.or.ke/resources/publications/cat_view/37-downloads/38-civil-a-political-rights.html

        • The Democratic Paradox: A Report of Kenya’s 2013 General Elections, Kenya Human Rights Commission (KHRC), 2014 - http://www.khrc.or.ke/resources/publications/cat_view/37-downloads/38-civil-a-political-rights.html

        • Dr. C. F. Onyango, Executive Director, Centre for Multiparty Democracy in Kenya (CMD-K) – 31/07/2014

        • Dr. Charles Anderson Otieno, Director, Polity and Policy Kenya/UK Ltd – 25/07/2014

      • expand button!
        46
        Score
        0
        In practice, to what extent does the authority publish the results of investigations or audits?More about indicator

        • The Independent Electoral and Boundaries Commission and the Office of the Registrar of Political Parties which are in charge of political finance regulation did not carry out any special investigation or audits related to the March 2013 general elections.

        • Consequently, they have not published any investigative reports. The IEBC has published a general report on the 2013 elections, as well as a 2011-2012 annual report, but none provide any details on any investigations.

        Scoring Criteria

        A 100 score is earned where the authority publishes reports of all its investigations or audits a month or less after their conclusion.

        A 50 score is earned where reports are available to the public more than a month after the conclusion of the investigation or audit.

        A 0 score is earned where reports are not available to the public or they become available after six months or more after conclusion of the investigation or audit. A 0 score is also earned where only summaries of the reports are publicly available.

        Sources

        • Dr. C. F. Onyango, Executive Director, Centre for Multiparty Democracy in Kenya (CMD-K) – 31/07/2014

        • Dr. Charles Anderson Otieno, Director, Polity and Policy Kenya/UK Ltd – 25/07/2014

        • The Democratic Paradox: A Report of Kenya’s 2013 General Elections, Kenya Human Rights Commission (KHRC), 2014 - http://www.khrc.or.ke/resources/publications/cat_view/37-downloads/38-civil-a-political-rights.html

        • Championing Values During Hard Times: Election Monitoring and Observation Report, The Commission on Administrative Justice (CAJ), 2013 - http://www.ombudsman.go.ke/index.php?option=comdocman&task=catview&gid=9&Itemid=238

        • Independent Electoral and Boundaries Commission website, accessed on August 26, 2014. http://www.iebc.or.ke/index.php/resources/downloads/category/publications

    • expand button!
      Enforcement Capabilities
      More about category
      • expand button!
        47
        Score
        YES
        In law, there are sanctions in response to political finance violations.More about indicator

        • The Political Parties Act 2011 clearly defines what constitute violation of political finance laws and also elaborates the sanctions such transgressions attract on political parties. The Election Campaign Financing Act 2013 also provides for the same for both parties and individuals candidates during the official electoral period.

        • The Election Campaign Financing Act 2011 - Section 12 (2) sets limits of contributions. Section 13 (1) bans certain types of contributions. According to Section 14 (1) (c) “A candidate, political party or referendum committee shall not receive any contribution or donations, in cash or in kind from the state, state institution or agency or any other public resource”.

        • The Political Parties Act 2011 - Section 26 (1-5) prescribes the purposes for which moneys allocated to a registered political party from the Political Parties Fund shall be used. Section 27 (1-3) prescribe other permissible sources of funds for political parties. According to Section 27 (4) “A political party shall disclose to the Registrar full particulars of all funds or other resources obtained by it from any source”.

        • The Political Parties Act 2011 - Section 28 (1-7) outlines the offences. These include receiving money from non-citizens, exceeding the contribution limit etc.

        • The Political Parties Act 2011 - Section 28 (5) “A political party that receives an amount exceeding the amount specified in subsection (20) commits an offence and shall, in addition to the penalty imposed by this Act, forfeit that amount to the state.”

        • The Political Parties Act 2011 - Section 28 (7) “An official of a political party or other person required to disclose to the Registrar, on behalf of a political party, the funds or other resources of that political party, who fails to disclose, or gives false information in relation to the funds or resources obtained by the political party, commits an offence and shall on conviction be liable to a fine equal to the amount or the value of the resources not disclosed or in relation to which false information was given, or to imprisonment for a term not exceeding two years or to both.”

        • The Political Parties Act 2011 - Section 29 (4) “--- a political party that fails to [publish its financing information] shall, during the period of non-compliance, be disqualified from receiving moneys from the Fund”.

        • The Political Parties Act 2011 - Section 30 (2) “Notwithstanding any other penalty provided in the Act or in any other written law, the Registrar shall deregister a political party which - (a) fails to comply with this section; or (b) submits a statement which is false in any material particulars”.

        • The Political Parties Act 2011 - Section 46 “A person convicted of any offence under this Act for which no penalty is prescribed shall be liable, on conviction, to a fine of not less than one million shillings or to imprisonment for a term of not less than two years, or to both”.

        • The Election Campaign Financing Act 2013 - Section 14 (4) “A candidate who or a political party or a referendum committee which does not report receipts or support [from a state institution or public officer] --- shall be disqualified from contesting in the elections or referendum campaigning as the case may be”.

        • The Election Campaign Financing Act 2013 - Section 23 (1) “A candidate who or a political party or referendum committee which – (a) in the case of a party candidate or a political party, contravenes the party campaign expenditure rules; (b) knowingly gives false or incorrect information; (c) fails to submit the party expenditure reports to the Commission; or (d) exceeds the spending limits prescribed without reasonable explanation, commits an offence, and shall be liable on conviction to a fine not exceeding two million shillings or to imprisonment for a term not exceeding five years or both”.

        • The Election Campaign Financing Act 2013 - Section 23 (2) “Where a political party or referendum committee commits an offence under this Act, every member of the governing body of that political party or the referendum committee shall be liable for the offence”.

        • The Election Campaign Financing Act 2013 - Section 23 (3) “In addition to the penalty prescribed under subsection (1), a candidate, a political party or a referendum committee shall be disqualified from contesting in that election or that referendum, as the case may be”.

        • The Election Campaign Financing Act 2013 - Section 24 “A person convicted of an offence under this Act for which no penalty is provided shall be liable to a fine not exceeding two million shillings or a term of imprisonment not exceeding five years or both”.

        Scoring Criteria

        A YES score is earned where: 1) the law clearly defines violations of political finance laws, and 2) there are clearly defined sanctions for specific violations.

        A MODERATE score is earned where violations are clearly defined but sanctions for specific violations are not.

        A NO score is earned where no such law exists.

        Sources

        • The Political Parties Act 2011 – Section 26 (1-5), Section 27 (1-4), 28 (1-7), Section 29 (4), Section 30 (2), and Section 46 - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

        • The Election Campaign Financing Act 2013 - Section 12 (2), Section 13 (1) (c), Section 14 (4), Section 23 (1-3) and Section 24 – http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

      • expand button!
        48
        Score
        MODERATE
        In law, the oversight authority has the power to impose sanctions.More about indicator

        • The Political Parties Act 2011 and the Election Campaign Financing Act 2013 and the Election Act 2011 empower the Registrar of Political Parties and the Independent Electoral and Boundaries Commission to directly impose an array of sanctions and penalize defaulting political parties and candidates and parties, respectively.

        • The Political Parties Act 2011 – Section 21 (1) “The Registrar may de-register a political party if the political party - --- (g) has acted contrary to the provisions of section 26” i.e. uses money allocated to it from the Political Parties Fund for unauthorized purposes.

        • The Political Parties Act 2011 - Section 30 (2) “Notwithstanding any other penalty provided in the Act or in any other written law, the Registrar shall deregister a political party which - (a) fails to comply with this section; or (b) submits a statement which is false in any material particulars”.

        • The Political Parties Act 2011 – Section 34 “The functions of the Registrar shall be to – (a) register, regulate, monitor, investigate and supervise public parties to ensure compliance with this Act; (b) administer the [Political Parties] Fund; (c) ensure publication of audited annual accounts of political parties ---”.

        • The Political Parties Act 2011 – Section 49 (1) The Registrar may make regulations generally for the better carrying out of provisions of this Act. Section 49 (2) “In particular and without prejudice to the generality of the power conferred by subsection (1), the Registrar may make regulations – (e) for securing the submission, to the Registrar, of the audited accounts and financial accounts relating to the assets and liabilities, income and expenditure of political parties ---”.

        • The Election Campaign Financing Act 2013 - Section 4 (1) “The Commission shall have the power to investigate or examine all matters relating to the performance of its function ---”.

        • The Election Campaign Financing Act 2013 –Section 5 “The Commission shall make rules to regulate election campaign financing – (a) in the case of a general election, at least twelve months before the election; and (b) in the case of a by-election, at such time as the Commission may determine”.

        • The Election Campaign Financing Act 2013 – Section 21 (2) “The Commission may investigate a breach of this Act”. Section 21 (5) “Where the Commission makes a finding that there is a breach of a provision of this Act, the Commission may make any of the following orders – (a) order the rectification of any record; (b) issue a formal warning; (c) impose a fine as may be specified under the regulations; (d) prohibit the errant candidate, political party or referendum committee from campaigning for a specified period or within a specified area; (e) prohibit media coverage of the errant candidate, political party or referendum committee within a specified period; (f) disqualify the errant candidate, political party or referendum committee, as the case may be”.

        • Elections Act 2011, Section 68 (6): “A member of the Commission or any person designated by the Commission shall have the power to impound or to order the impounding of any state resources that are unlawfully used in an election campaign”.

        • Elections Act 2011, Section 68 (7): “A Candidate, who after conviction --- repeats the offence, shall – (a) be disqualified by the Commission and shall not be eligible to participate in the ongoing election and the next election, and (b) be disqualified from holding any public office”.

        Scoring Criteria

        A YES score is earned where: 1) the oversight authority has the power to impose sanctions, and 2) it can directly prosecute violators before the courts or is independent to send cases to public prosecution.

        A MODERATE score is earned where the oversight authority has the power to impose sanctions, but it can't directly prosecute violators before the courts or is not independent to send cases to public prosecution.

        A NO score is earned where no such law exists.

        Sources

        • The Election Campaign Financing Act 2013 - Section 4 (1), Section 5, and Section 21 (2) & (5) – http://kenyalaw.org/kl/fileadmin/pdfdownloads/Acts/ElectionCampaignFinancingAct2013.pdf

        • The Political Parties Act 2011 – Section 21 (1), Section 30 (2), Section 34, and Section 49 (1) & (2) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207B

        • Election Act 2011 - Section 68 (6) & (7) - http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%207

      • expand button!
        49
        Score
        0
        In practice, to what extent do offenders comply with sanctions imposed?More about indicator

        • There were no political finance related sanctions imposed by either the Independent Electoral and Boundaries Commission or the Registrar of Political Parties during the 2013 general elections. The only sanctions meted out were nullification of elections by courts of law in cases where the agrieved party was able to prove their cases in court.

        • The efficacy of the sanctions they are empowered to impose by the law have, thus, not been tested.

        Scoring Criteria

        A 100 score is earned where: 1) offenders comply with the sanctions imposed without exception, and 2) they are not repeat offenders.

        A 50 score is earned where: 1) offenders usually comply with the sanctions imposed but exceptions exist, or 2) most are not repeat offenders but some exceptions exist.

        A 0 score is earned where: 1) offenders rarely comply with the sanctions imposed, or 2) most are repeat offenders.

        Sources

        • Dr. Collins Odote, Governance Consultant and Law Lecture at the University of Nairobi – 01/08/2014

        • Felix Owuor Odhiambo, Country Director, Electoral Institute for Sustainability of Democracy in Africa (EISA) – 30/07/2014

        • Dr. Charles Anderson Otieno, Director, Polity and Policy Kenya/UK Ltd – 25/07/2014

        • Dickson Omondi, Deputy Executive Director, National Democratic Institute for International Affairs (NDI) – 20th July 2014.

      • expand button!
        50
        Score
        --
        Open Question: How strong is enforcement, and what impedes more effective enforcement?More about indicator

        • The enforcement of political finance laws in Kenya remains very weak.

        • A number of factors impede the enforcement of political finance laws in the country. First, is weak institutions. The Office of the Registrar of Political Parties remains very weak. The current Registrar has been serving in an acting capacity since 2008. She does not have the manpower and resources to effectively police political party financing. Second, is weak legislation. At the time of the last elections there were no laws limiting contributions and expenditures or requiring candidates and parties to disclose political party finance information. The new law that was enacted in December 2013, the Election Campaign Financing Act 2013, only covers the official campaign period. The election period in Kenya starts right after voting and politicians usually campaign using money throughout the electoral cycle. In fact, by the time the official campaign period is declared the critical campaigning has happened. Third, is lack of coordination between the various enforcement agencies. Fourth, is poor access to political finance information and data by the media and civil society. Fifth, is lack of political will resulting from a culture of patronage and gift giving.

        • Urgent measures are required to enhance effective political finance regulation in the country. First, there is need to appoint a substantive Registrar of Political Parties and the three assistants, and set up the office as envisaged in the law. There is also need to allocate the Political Parties Fund as per the formula provided in the law. This will increase the amount of resources available to the Registrar. Second, there is need to operationalize the Election Campaign Financing Act 2013 through regulations and build the capacity of the Independent Electoral and Boundaries Commission to oversee political financing. Third, there is need to increase access to political finance data for the media and civil society to facilitate independent monitoring. Fourth, there is need to harmonize the various provisions on political financing to come up with a wholistic and coherent political finance regime. Fifth, there is need to enhance coordination between the Office the Registrar of Political Parties and the Independent Electoral and Boundaries Commission; as well as coordination between them and other agencies with related mandates e.g. the Office of the Controller and Auditor General, the Ethics and Anti-Corruption Commission, the Central Bank of Kenya and the Kenya Revenue Authority. Finally, given the negative impact of political finance related corruption on the countries governance and socio-economic progress, the country should consider establishing an independent campaign and political finance commission.


        Peer Reviewer 1 comment: Agree. Political and campaign financing enforcement is weak. However, the impact of the Political Campaign Financing Act 2013 is yet to be felt.

        • Enforcement of the Campaign Financing Act was impeded by a number of factors including: 1) constrained time-frames under which the IEBC worked in 2013; 2) Lack of a substantive holder of the office of the Registrar of Political Parties complemented by an effective secretariat; 3) Lack of published regulations under the Political Parties Act and the Political Campaign Financing Act; 4) Lack of effective internal structures within political parties; 5) Weak coordination structures among enforcement agencies; 6) Lack of useful data among political parties; 7) Limited capacity in the civil society and the media to monitor, investigate and report on finance malpractices; 8) Lack of effective enforcement steps on qualifications contained in the reports of the Auditor General, including lack of capacity or time in the Auditor General's office owing to competing priorities.

        • Steps required to facilitate enforcement: • Draft and publish regulations required under Political Parties and Campaign Financing Acts; • Develop structures and build capacity within the IEBC and the ORPP, and other agencies including the DPP, Office of the Auditor General; • Build capacity within political parties; • Build capacity among the media civil society;

        Scoring Criteria

        Please provide a general explanation of the effectiveness of enforcement, describing: 1) any conditions that may prevent effective enforcement, and 2) explain what are the most urgent areas of reform in the country's political finance system.

        Sources

        • Court decision expected to deter voter bribery, By Elvis Ondieki, Saturday Nation, March 16th 2014 - http://www.nation.co.ke/news/politics/Court-decision-expected-to-deter-voter-bribery/-/1064/2245500/-/ur4cm8/-/index.html

        • David Makali calls on IEBC to stamp out bribery during Bungoma poll, By Raphael Wanjala, Daily Nation, December 9th 2013 - http://www.nation.co.ke/news/politics/David-Makali-Bungoma-Senate-By-Election/-/1064/2118242/-/h0a2x5z/-/index.html

        • Dr. C. F. Onyango, Executive Director, Centre for Multiparty Democracy in Kenya (CMD-K) – 31/07/2014

        • Dr. Charles Anderson Otieno, Director, Polity and Policy Kenya/UK Ltd – 25/07/2014

        • Felix Owuor Odhiambo, Country Director, Electoral Institute for Sustainability of Democracy in Africa (EISA) – 30/07/2014

        • Mercy Njoroge, National Coordinator, Elections Observation Group (ELOG) – 28/07/2014

        • Dickson Omondi, Deputy Executive Director, National Democratic Institute for International Affairs (NDI) – 20th July 2014.

        • The Democratic Paradox: A Report of Kenya’s 2013 General Elections, Kenya Human Rights Commission (KHRC), 2014 - http://www.khrc.or.ke/resources/publications/cat_view/37-downloads/38-civil-a-political-rights.html

        • Championing Values During Hard Times: Election Monitoring and Observation Report, The Commission on Administrative Justice (CAJ), 2013 - http://www.ombudsman.go.ke/index.php?option=comdocman&task=catview&gid=9&Itemid=238

Kenya has a directly elected executive president and a bicameral parliament comprising of the National Assembly and the Senate. Kenya has a two-tier devolved system comprising of the national government and 47 county governments.

The membership of the National Assembly consists of: (a) 290 members each elected through a firt-past-the-post system (i.e. by the registered voters of single member constituencies); (b) 47 women each elected through a fast-past-the-post system (i.e. by the registered voters of the counties each county constituting a single member constituency); twelve members elected through a proportional representation system (i.e. nominated by parliamentary political parties in proportion to the number of seats they win in the National Assembly) to represent special interests including the youth, persons with disabilities and workers; and (d) the Speaker who is an ex officio member.

The membership of the Senate consists of: (a) 47 members each elected through a fast-past-the-post system (i.e. by the registered voters of the counties each county constituting a single constituency); (b) sixteen women members elected through proportional representation system (i.e. nominated by political parties in proportion to the number of senate seats they win); (c) two members, a man and a woman, representing the youth elected through proportional representation; (d) two members, a man and a woman, representing persons with disabilities elected through proportional representation; and (e) the Speaker who is an ex officio member.

Parliamentary and senatorial campaigns are largely funded by the candidates themselves. Political parties also provide token support to their candidates using state funds and/or other monies acquired from legal sources. Some presidential candidates also provide support to parliamentary and senatorial candidates.

The President of Kenya is elected through a fast-past-the-post system (i.e. by registered voters in a national election). Presidential campaigns are funded through parties using both state funds and/or monies raised from other legal sources. But the bulk of the campaign funds are raised by individual presidential candidates and their campaign teams.

The last general elections were held on 4th March 2013. The previous ones took place on 27th December 2007. The Constitution provides that future elections shall be held on the second Tuesday in August in every fifth year. All the six positions are voted for on the same day.

It should be noted that the current political finance legislation only came out after last year’s elections took place, and thus it has not fully been tested yet. Additionally, the current legislation may undergo revisions in the coming months. This concerns possibly the public funding distribution criteria, which smaller parties are lobbying for, and possibly the development of regulations to the campaign finance act. One area that the regulations will have to specify is the division of tasks between the IEBC and the Registrar of Political Parties in monitoring and enforcing the Act. It will also have schedules and forms for parties to do their reporting, and it will potentially address some of the inconsistencies in the current law.