Election Campaign Financing Act

Section 1. Short title Section This Act may be cited as the Election Campaign Financing Act.

Section 2. Interpretation Section in relation to a nomination process, all expenses incurred by a political party or a candidate during the nomination process;

Section 1A. Suspension of operation of Act Section The operation of this Act is suspended and the Act shall come into force immediately after the general elections to be held in the year 2017. [Act No. 1 of 2017 , s. 32.]

Section 3. Functions of the Commission Section 3(1)(a) keep a register of authorised persons under this Act; Section 3(1)(b) supervise candidates, political parties, referendum committees and authorised persons in relation to campaign expenses; Section 3(1)(c) set spending limits and enforce compliance with such limits; Section 3(1)(d) set limits and verify sources of contributions to a candidate, a political party or a referendum committee; Section 3(1)(e) monitor and regulate campaign expenses; Section 3(1)(f) provide a framework for the reporting of campaign expenses; Section 3(1)(g) advise a candidate, a political party or a referendum committee on any matter relating to campaign expenses; and Section 3(1)(h) provide and enforce a framework for the regulation of media coverage; Section 3(1)(i) perform such other functions as may be necessary for the purposes of this Act. Section 3(2) In performing its functions under subsection (1), the Commission may act in consultation with the Registrar.

Section 4. Powers of the Commission Section 4(1) The Commission shall have the power to investigate or examine all matters relating to the performance of its functions under this Act. Section 4(2) For purposes of an investigation or examination under this Act, the Commission or a representative of the Commission authorised in writing may, at any 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. Section 4(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 respect of the functions of the Commission under this Act, and the Commission shall cite the provision of the written law under which the request is being made. Section 4(4) Where a request for information is made pursuant to subsection (3), such information shall be furnished to the Commission by any person or organisation within such reasonable time as the Commission may determine. Sect...

Section 5. Election campaign financing rules Section in the case of a general election, at least twelve months before the election; and

Section 6. Authorised persons Section 6(1)(a) a candidate; Section 6(1)(b) an agent of the candidate; Section 6(1)(c) political party campaign financing committee; and Section 6(1)(d) referendum campaign financing committee. Section 6(2) The political party campaign financing committee referred to in subsection (1)(c) shall consist of persons nominated by the governing body of that political party, three of whom shall be signatories to the party campaign financing account. Section 6(3) The referendum campaign financing committee referred to in subsection (1)(d) shall consist of persons nominated by the referendum committee established under section 51(1) of the Elections Act (Cap. 7), three of whom shall be signatories to the referendum campaign financing account. Section 6(4) A candidate, a political party or a referendum campaign financing committee shall, as soon as reasonable, notify the Commission of any changes in the authorised persons, the membership of the committee or in the details of such persons or such members. Section 6(5)(a) for a general election, at least two months before the general election; or Section 6(5)(b) for a by-election, within seven days after the noti...

Section 7. Party expenditure committee Section 7(1)(a) three of whom shall be persons nominated by the governing body of that political party, of whom one shall be the secretary-general of the party; Section 7(1)(b) not more than one of whom shall be from one region; and Section 7(1)(c) not more than two-thirds of whom shall be of one gender. Section 7(2) The appointment of members of the referendum expenditure committee referred to in subsection (1) shall take into account regional and other diversity of the people of Kenya. Section 7(3) The members of a party expenditure committee shall not include members of a party candidate expenditure committee. Section 7(4)(a) open a party expenditure committee account into which all the money in respect of the election campaign of that party shall be deposited; Section 7(4)(b) be signatories to the party expenditure committee account; Section 7(4)(c) advise the political party on all financial matters related to the party nomination or to the party campaign expenditure; Section 7(4)(d) manage the party expenditure committee account of the political party and keep the books of account updated and available for inspection; and Section 7(4)(e)...

Section 8. Independent candidate expenditure committee Section 8(1) An independent candidate intending to contest in an election shall constitute an independent candidate expenditure committee. Section 8(2) The independent candidate expenditure committee referred to in subsection (1) shall consist of three members nominated by the candidate. Section 8(3)(a) open an independent candidate expenditure committee account into which all the money in respect of the election campaign of that candidate shall be deposited; Section 8(3)(b) be signatories to the independent candidate expenditure committee account; Section 8(3)(c) advise the independent candidate on all financial matters related to the campaign expenditure; and Section 8(3)(d) manage the candidate expenditure committee account of the independent candidate and keep the books of account updated and available for inspection; Section 8(3)(e) receive expenditure reports from the independent candidate; and Section 8(3)(f) compile and submit to the Commission the final campaign expenditure report of the independent candidate with respect to the election period.

Section 9. Referendum expenditure committee Section 9(1)(a) three of whom shall be persons nominated by the national committee established under section 51 of the Elections Act (Cap. 7); Section 9(1)(b) not more than one of whom shall be from one region; and Section 9(1)(c) not more than two-thirds of whom shall be of one gender. Section 9(2) The appointment of members of the referendum expenditure committee referred to in subsection (1) shall take into account regional and other diversity of the people of Kenya. Section 9(3)(a) open a referendum expenditure committee account into which all the money in respect of the referendum campaign shall be deposited; Section 9(3)(b) be signatories to the referendum expenditure committee account; Section 9(3)(c) advise the national committee on all financial matters related to referendum campaign expenditure; Section 9(3)(d) manage the referendum expenditure committee account of the relevant national committee and keep the books of account updated and available for inspection; and Section 9(3)(e) receive campaign expenditure reports from each constituency committee; Section 9(3)(f) monitor the campaign expenditure of the national committee an...

Section 10. Submission of expenditure reports Section 10(1)(a) a preliminary nomination expenditure report, within twenty-one days of the political party nomination; and Section 10(1)(b) the final expenditure report within, three months after elections. Section 10(2) A political party shall within three months after the elections submit a final expenditure report to the Commission. Section 10(3) An independent candidate shall within three months after the election, submit the final expenditure report to the Commission. Section 10(4) A referendum committee shall, within three months after the referendum submit the final expenditure report to the Commission. Section 10(5) The expenditure reports submitted under subsections (1)(b), (2), (3), and (4) shall include records showing all transactions and income and expenditure statement.

Section 11. Sources of campaign finances Section contributions received from any person, political party or any other lawful source;

Section 12. Limits to contributions Section 12(1)(a) total contributions; Section 12(1)(b) contributions from a single source; Section 12(1)(c) paid-up media coverage; or Section 12(1)(d) loan forming part of a contribution, Section 12(2) Except where contribution is from a candidate to that candidate's campaign financing account, or from a political party or a referendum committee to that political party's or referendum committee's campaign financing 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 12(3) The Commission shall prescribe the limit beyond which contributions received by a candidate, a political party or a referendum committee from a single source may be disclosed.

Section 13. Anonymous contributions or contributions from an illegal source Section 13(1)(a) anonymous contributions or support whether in cash or in kind; or Section 13(1)(b) contributions from an illegal source as specified by this Act or by any other law. Section 13(2) A candidate who, a political party or a referendum committee which receives contributions referred to in subsection (1) shall, within fourteen days of the receipt, report such receipt and submit the contribution to the Commission. Section 13(3) A candidate who or a political party or a referendum committee which fails to submit the contributions referred to in subsection (1) commits an offence.

Section 14. Prohibition on contributions Section 14(1) A candidate, a political party or a 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 public resource. Section 14(2)(a) support or to campaign in support of a candidate, a political party or a referendum committee; or Section 14(2)(b) support any organisation that is supporting or campaigning for a candidate, political party or a referendum committee. Section 14(3) A candidate who or a political party or a referendum committee which receives any campaign support referred to in subsection (I) shall, within forty-eight hours of the receipt, report such receipt and submit the contribution to the Commission. Section 14(4) A candidate who or a political party or a referendum committee which does not report receipt of support in accordance with subsection (2) shall be disqualified from contesting in that election or in the referendum, campaigning as the case may be. Section 14(5) Public resources referred to under subsection (1) shall not include public funding provided for the Political Party Fund established under the Political Parties...

Section 15. Support by an organisation Section 15(1) Any person who, or an organisation which contributes to a candidate, a political party or a referendum committee shall channel such contributions through the expenditure accounts specified under sections 7 , 8 , 9 and 10 . Section 15(2)(a) in writing, seek consent to campaign from the candidate, the political party or the referendum committee as the case may be the organisation intends to campaign in support of; Section 15(2)(b) register with the Commission; and Section 15(2)(c) a candidate or a political party committee, at least eight months before the polling day; or Section 15(2)(c)(i) a candidate or a political party committee, at least eight months before the polling day; or Section 15(2)(c)(ii) a referendum committee, at the time of registration of that committee. Section 15(3) The money spent by an organisation to campaign in support of a candidate, a political party or a referendum committee shall be within the spending limits specified under this Act. Section 15(4) An organisation which campaigns in support of a candidate or a political party contesting in an election or a referendum committee shall, within one month af...

Section 16. Disclosure of funds Section 16(1) A candidate who, or a political party or a referendum committee which, receives contributions under this Act shall issue a receipt for any contribution exceeding twenty thousand shillings. Section 16(2) Where contributions are received from a harambee , the authorised person shall keep a record of the specific details of the harambee including the venue, date, organiser of the harambee and total contributions. Section 16(3) A candidate, political party and a referendum committee shall disclose the amount and source of contributions received for campaign for a nomination, an election or a referendum, as the case may be. Section 16(4) The disclosure of funds under this section shall, for purposes of this Act and in the absence of any other factors, be sufficient evidence that the candidate, political party or referendum committee has complied with the requirement for disclosure of funds. 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. Section 16(6)...

Section 17. Surplus campaign funds Section within three months after the date of an election or referendum, notify the Commission of any surplus campaign funds held in the expenditure committee;

Section 18. Spending limits 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(2) Except for contribution by a candidate into his or her own campaign financing account, any contribution from a person, organisation or any other lawful source contributed to a candidate, a political party or a referendum committee campaign financing account shall not exceed the limit of the total contribution prescribed under subsection (1). Section 18(3) The Commission may, by notice in the Gazette , vary the spending limits prescribed under subsection (1). Section 18(4)(a) geographical features and urban centres; Section 18(4)(b) the type of election; Section 18(4)(c) the population in an electoral area; Section 18(4)(d) the number of party members in an electoral area; and Section 18(4)(e) the communication infrastructure in an electoral area. Section 18(5) Subsection (4)(d) shall only apply with respect to party nomination expenditure of a p...

Section 19. Authorised expenditures Section venue where campaign activities may be undertaken;

Section 20. Media coverage Section 20(1)(a) paid-up advertisement; and Section 20(1)(b) free broadcasting spots or coverage in the print media. Section 20(2) The Commission shall establish mechanisms to monitor media coverage for purposes of campaign as may be necessary to enforce the limits set out under subsection (1). Section 20(3) A candidate, political party, referendum committee or a media enterprise which breaches the limits prescribed under this section commits an offence.

Section 21. Dispute resolution Section 21(1) Any person may lodge a complaint with the Commission alleging that a breach of this Act has been committed. Section 21(2) The Commission may investigate a breach of this Act. Section 21(3)(a) within seven days, if filed before an election; or Section 21(3)(b) within fourteen days, if filed after an election. Section 21(4)(a) request for the attendance of any person believed to have information related to the complaint; and Section 21(4)(b) call for any information believed to be relevant in the determination of the complaint. Section 21(5)(a) order the rectification of any record; Section 21(5)(b) issue a formal warning; Section 21(5)(c) impose a fine as may be specified under the regulations; Section 21(5)(d) prohibit the errant candidate, political party or referendum committee from campaigning for a specified period or within a specified area; Section 21(5)(e) prohibit media coverage of the errant candidate, political party or referendum committee within a specified period; or Section 21(5)(f) disqualify the errant candidate, political party or referendum committee from contesting in that election or referendum, as the case may be. Se...

Section 22. Offences Section obstructs the Commission or any representative of the Commission from exercising powers under this Act;

Section 23. Offences by a candidate, a political party or a referendum committee Section 23(1)(a) in the case of a party candidate or a political party, contravenes the party campaign expenditure rules; Section 23(1)(b) knowingly gives false or incorrect information; Section 23(1)(c) fails to submit the party expenditure reports to the Commission; or Section 23(1)(d) exceeds the spending limits prescribed without reasonable explanation, Section 23(2) Where a political party or a 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. 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.

Section 24. General penalty Section 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 to both.

Section 25. Registration and dissolution of expenditure committees Section 25(1) The Commission shall prescribe the procedures for the registration and dissolution of expenditure committees. Section 25(2) The expenditure committees shall stand dissolved on submission of the final expenditure reports referred to in section 10 .

Section 26. Records Section 26(1)(a) funds received for campaign expenses indicating the amount and the nature of funds received; Section 26(1)(b) names, postal, physical and electronic addresses of contributors; Section 26(1)(c) funds spent for nomination expenditure and campaign expenditure, as the case may be; and Section 26(1)(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. 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. Section 26(3) A request for information referred to under subsection (2) shall be subject to confidentiality requirements of the Commission.

Section 27. Audit of accounts Section The Auditor-General may, on the request of the Commission, audit the accounts relating to the campaign expenses of a candidate, a political party or a referendum committee.

Section 28. Claims and objections Section 28(1) A person who objects to any matter related to campaign finance expenditures submitted by a candidate, political party or a referendum committee may file a claim to the Commission in the prescribed form and manner and within the prescribed time. Section 28(2)(a) seven days, if filed before an election; or Section 28(2)(b) fourteen days, if filed after an election.

Section 29. Provisions on delegated powers Section 29(1) The Commission may make regulations for the better performance of its functions under this Act, and such regulations shall be laid before the National Assembly for approval before they are published in the Gazette . Section 29(2)(a) providing for spending limits for the different elections; Section 29(2)(b) providing guidelines for expenditure rules for political parties and independent candidates; Section 29(2)(c) prescribing the manner in which contributions may be made; Section 29(2)(d) prescribing procedures for disclosure of the amount of contributions made to a candidate or to a party, the nature of these contributions and the intended expenditures by a candidate or a party; Section 29(2)(e) prescribing mechanisms and procedures for reporting on and monitoring the spending limits; Section 29(2)(f) prescribing the manner in which records shall be prepared and maintained; Section 29(2)(g) prescribing procedures for the determination of claims and objections; and Section 29(2)(h) prescribing anything which is required to be prescribed for purposes of this Act.