An act of parliament to provide for the conduct of elections to the office of the president, the national assembly, the senate, county governor and county assembly. For many years, there was no specific law governing political parties in. Institutionalizing friedrich e b er t stiftung fes p o. The registrar may refuse an application for the registration of a political party if the name of the political party, the abbreviation of. The act is the primary legal reference for management of political parties in accordance with articles 91 and 92 of the kenya constitution 2010.
Basic requirements for political parties kenya law. In this act, unless the context otherwise requires. Consolidated from the 2016 gazetted version and the 2017 gazetted amendments by reporting on good governance in kenya. Laws of kenya the media act chapter 411b revised edition 2009 2007 published by the national council for law reporting with the authority of the attorney general. The sources of moneys in the fund are from allocations made by the minister of finances in the annual budget and contributions and donations from other sources. The political parties act 2011 in this act referred amendment of section 2 of no. Kenya had over 160 registered political parties as of november 2007.
A citizen of kenya who has attained the age of eighteen years may, subject to the provisions of this act and any other written law, contest for an elective position in. The political parties act 2007, 28 established a political parties fund administered by the registrar of political parties. This act may be cited as the political parties act, 2011 and shall come into operation on such date as the minister may, by notice in the gazette, appoint. Part ii establishment and status of commission 3establishment of the commission. I1 of 19 and substituting therefor the following new section 2011. Some political leaders have disputed the results because the figures are less than they expected, or the number of the residents in their regions have reduced like in the case of ikolomani. Aduku and yakubu, adejo umoru centre for inter african and human development studies cides, jos, nigeria school of general studies, federal polytechnic, kaura namoda, zamfara state, nigeria. The interface between law and politics keynote address cape town 27 august 2010 kate oregan justice of the constitutional court 1994 2009 i introduction the constitution of the united states of america is 7000 words long. Annexure d political parties registration and regulation of affairs, etc. The political parties act, 2011 4 the political parties act, 2011 an act of parliament to provide for the registration, regulation and funding of political parties, and for connected purposes. The national gender and equality commission act, 2011 1 the national gender and equality commission act, 2011 arrangement of sections sections part i preliminary 1short title. Political parties act roggkenya reporting on good governance. The trust deed stipulates the activities that the trust can engage in. The effect of this amendment was that all political power in kenya was vested in the ruling party, the kenya african national union kanu.
Signed political parties code of conduct s chedule one signed minutes of the first meeting of the founding members of the political party ksh 100,000 bankers cheque payable to the registrar of political parties. Until the passage of the political parties act 2007 the registration of political parties as corporate entities was undertaken by the registrar of societies under the societies act cap 108, while registration with the electoral commission of kenya eck was undertaken for each election as a formality necessary for administrative purposes. Part iii of the political parties act 2011 regulates the funding and. An act of parliament to repeal the employment act, declare and define the fundamental rights of employees, to provide basic conditions of employment of employees, to regulate employment of children, and to provide for matters connected with the foregoing.
Published by the national council for law reporting with the authority of. Political parties are a special form of social organisation. Gazette notice the constitution of kenya the elections act no. Legal framework for political parties in selected countries of sub. Popular version of political parties act undp in kenya. While freedom was greeted with euphoria in many places, it could not mask the deep political instability that often accompanied independence.
Odhiambombai 51 3 limitations of political liberalization. The political parties registrar issued certificates of registration to 38 political parties which had complied with the requirements of the political parties act the act before the december 31. The african union and kenyas constitutionbuilding process. Regrettably, the elections represent a major setback in kenya s democratic development. Political parties nomination process an assault to. However with the implementation of several political parties acts which came on the 31 december 2008 act, the number was drastically reduced and on 30 april 2012, twentyfour political parties were issued registration certificates while 22 others had applied for registration. Enacted by the parliament of kenya, as follows part ipreliminary short title and commencement. Asingo 15 2 the rise and fall of the autocratic state in kenya c. These amendments had the result of reinforcing and concentrating more political power under the control of the central government. Enacted by the parliament of kenya, as follows part ipreliminary 1.
Act, 2011 draft prepared by committee headed by justice m. Parties and electoral politics in kenya, 19922002 karuti kanyinga 96 4 the politics of alliance building in kenya. As of 2007, there were more than 160 registered political parties in kenya. The political parties act an act to provide for terms, conditions and the procedure for the registration of political parties and for related matters. A country analysis economic and political changes that have taken place in tanzania over the last fifteen years have all aimed at transforming governance in the country. They should not be confused with associations, federations, and social clubs. Name, address, national identity number and name of office of. The principal act is amended by deleting section deletion of section 19 of no. Under the act, political parties have legal personality and therefore can sue, be sued and own property, among other functions.
The country operates under a dominant multi party system with the ruling party being in power since the nation attained its independence in 1961. According to kenyas 2011 political parties act, direct public funding is available. The political parties act in a nutshell registrar of political parties. With the lapse of the registration period set out in the political parties act on 30 april 2012. A wellknown definition of political parties comes from the american political scientist antony downs, who wrote. Constitution of kenya, 2010 5 part 3 political parties 91basic requirements for political parties. Venkatachalaih an act to regulate the constitution, functioning, funding, accounts, audit, and other affairs of and concerning political parties participating in elections. Political party financing and equal participation of women. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Political parties nomination process an assault to democracy. Following the implementation of several political parties acts starting with the 31 december 2008 act, the number of political parties has been coming down considerably since. Political parties strategy for gender equality in candidate. Challenges and opportunities september 2011 background from the 1950s through to the 1970s, decolonization swept across africa. Chapter eightthe legislature part 1establishment and role of parliament 93establishment of parliament.
However, a society cannot function as a political party until it is registered in accordance with the provisions of the political parties act and meets the requirements set out under article 91 of the constitution sec. This report presents findings from a study on political party financing and equal participation of women in kenyan electoral politics, which was conducted as part of. It first governed as the tanganyika african national union, before merging with the afroshirazi party to. An act of parliament to provide for the conduct of elections to the office of the president, the national. The political parties act, 2011 provides the institutional, legal and regulatory framework for registration, regulation and funding of political parties in kenya. A political party is a team of men seeking to control the governing. Must be a holder of a degree from a university recognized in kenya 7. Governance in its broadest sense covers not only political institutions and processes of the state, but also. Political parties and democratic consolidation in nigerias fourth republic akubo, a.
Defeat of tanzanian democracy feared as political curbs. The african union and kenyas constitutionbuilding process mugambi laibuta introduction since kenya s independence in 1963, the countrys constitution has been amended many times. This chapter discusses in brief the highlights of the main instruments that relate to the operation of parties in kenya from two broad. Interpretation in this act, unless the context otherwise requires adult has the meaning assigned to it in article 260 of the constitution. The political parties act, 2011 provides the institutional, legal and regulatory framework for registration, regulation and funding of political parties in. Political parties bill, 2011 5 the political parties bill, 2011 a bill for an act of parliament to provide for the registration, regulation and funding of political parties and for connected purposes enacted by the parliament of kenya as follows part ipreliminary short title and commencement. Annexure d political parties registration and regulation. Violence and coercion became a common means of changing. Checklist for application for full registration under section 5 and 7 of the political parties act 2011 form pp 4 i n duplicate. The connection between political finance and gender, beyond regulations.
This act may be cited as the political parties act. The kenya natinal bureau of statistics knbs has released the population census 2019 results and as usual the figures have been politicized. Political party financing and equal participation of women in kenyan. Under changes to that act approved by tanzanias parliament, a new regulator would be responsible for monitoring a swath of activities carried out by political parties. Election report kenya 2017 general and presidential. Thereby parties, such as the sinn fein, have not sworn an oath of allegiance. The role of political parties at the local government level. Nomination for political party candidate for county governor. This act may be cited as the political parties short title. This aspect of the process embodies undeniable opportunities and challenges at the time of writing, lara natalini was a research fellow at the africa institute of south africa.
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