Political Parties Act

Section 1. Short title Section This Act may be cited as the Political Parties Act.

Section 2. Interpretation Section means an association of citizens with an identifiable ideology or programme that is constituted for the purpose of influencing public policy of nominating candidates to contest elections; and

Section 3. Formation of political parties Section 3(1) Political parties may, subject to the provisions of the Constitution and this Act, be formed in Kenya to further purposes which are not contrary to the Constitution or any written law. Section 3(1A)(a) formulation of its policies; and Section 3(1A)(b) nomination of candidates for elections. Section 3(2)(a) form or participate in the formation of a political party; or Section 3(2)(b) contest for an elective position in a political party in which the person is a member. Section 3(2A)(a) upon the payment of the party’s membership fees; and Section 3(2A)(b) complying with any other requirements as prescribed by the party”

Section 4. Requirements of a political party Section 4(1) An association of persons or an organisation shall not operate or function as a political party unless it has been registered in accordance with the provisions of this Act. Section 4(2) The Registrar shall not register an association of persons or an organisation as a political party if such association or organisation does not meet the requirements set out in Article 91 of the Constitution.

Section 5. Provisional registration of a political party Section 5(1) An association of persons or organisation applying to be registered as a political party may apply to the Registrar for provisional registration. Section 5(1A) An application for provisional registration under subsection (1) may be made after the notification by the Registrar under section 4B (3): Provided that if the application is not made within the period specified in section 4B (2), the reservation of the name, symbol or slogan of the proposed political party shall lapse. Section 5(2)(a) within fourteen days, publish a notice in the Gazette and in at least two newspapers with nationwide circulation, inviting objections from any person or any other political party concerning the registration of the name, symbol, colour of the political party, or any other issue relating to the registration of the political party; Section 5(2)(b) within thirty days of the association or organisation fulfilling the conditions prescribed in section 6 , issue that association or organisation with a certificate of provisional registration. Section 5(3) A political party that has been provisionally registered under subsection (2) s...

Section 6. Application for provisional registration Section 6(1) An application for the provisional registration of a proposed political party shall be in writing and be signed by the applicants, of whom not more than two-thirds shall be of the same gender. Section 6(2)(a) include signed minutes of the first meeting of the founding members of the political party; Section 6(2)(b) set out the name of the political party; Section 6(2)(c) if the political party wishes to use an abbreviation of its name for the purposes of this Act, set out that abbreviation; Section 6(2)(d) be accompanied by a copy of the Constitution of the proposed political party which shall comply with the provisions of section 9 ; Section 6(2)(da) be accompanied by a statement of the ideology of the proposed political party; Section 6(2)(e) include an undertaking to be bound by this Act and the Code of Conduct set out in the First Schedule; and Section 6(2)(f) be accompanied by the prescribed fee. Section 6(3) An application for provisional registration shall include a request for the registration of the symbol and slogan of the political party. [Act No. 21 of 2016 , s. 5, Act No. 2 of 2022 , s. 6.]

Section 7. Conditions of full registration Section 7(1) An application for full registration of a political party shall be in writing and shall be signed by an authorized official of the political party. Section 7(2)(a) it has recruited as members, not fewer than one thousand registered voters from each of more than half of the counties; Section 7(2)(b) the members referred to in paragraph (a) reflect regional and ethnic diversity, gender balance and representation of special interest groups; Section 7(2)(c) the composition of its governing body reflects regional and ethnic diversity, gender balance and representation of special interest groups; Section 7(2)(d) not more than two-thirds of the members of its governing body are of the same gender; Section 7(2)(e) it has demonstrated that members of its governing body meet the requirements of Chapter Six of the Constitution and the laws relating to ethics; Section 7(2)(f) a list of the names, addresses and identification particulars of all its members; Section 7(2)(f)(i) a list of the names, addresses and identification particulars of all its members; Section 7(2)(f)(ii) the location of its head office, which shall be a registered off...

Section 8. Parties with certain names not to be registered Section is obscene or offensive;

Section 9. Contents of constitution or rules of a political party Section 9(1) The constitution or rules of every political party shall provide for all the matters specified in the Second Schedule to this Act. Section 9(1A) The constitution or rules of every political party shall ensure that not more than two-thirds of the membership of all party organs, bodies and committees, in aggregate, are of the same gender. Section 9(2) The Registrar may, by notice in writing, require a political party to amend its name, constitution or rules within three months after the date of the notice to comply with the Constitution, this Act and any other written law. Section 9(3) The notice referred to in subsection (2) shall specify the areas of non-compliance, the nature of the amendment and the reason for such amendment. Section 9(4) If a political party does not comply with a notice issued under subsection (2), that political party shall be deregistered. [Act No. 21 of 2016 , s. 7.]

Section 10. Coalitions Section 10(1) Two or more political parties may form a coalition or a coalition political party before or after an election and shall deposit the coalition agreement with the Registrar. Section 10(2) A coalition agreement entered into before an election shall be deposited with the Registrar at least three months before that election. Provided that in the case of a coalition political party, the coalition political party shall submit the coalition agreement at least one hundred and twenty days before a general election. Section 10(3) A coalition agreement entered into after an election shall be deposited with the Registrar within twenty-one days of the signing of the coalition agreement. Section 10(4) A coalition agreement shall set out the matters specified in the Third Schedule. [Act No. 2 of 2022 , s. 9.]

Section 11. Mergers Section 11(1)(a) forming a new political party; or Section 11(1)(b) merging into an already registered political party. Section 11(2) A political party shall not merge with another political party unless the merger is in accordance with the constitution, rules and procedures of the political parties. Section 11(3) The decision to merge shall be in writing and shall be duly executed by the political party officials authorized to execute agreements on behalf of the political parties. Section 11(4)(a) determine the constitution, rules, regulations and the principles which shall form the basis of the merger in accordance with the constitutions of the respective political parties; and Section 11(4)(b) sign the merger agreement. Section 11(5) The merger agreement signed under subsection (4)(b) shall be deposited with the Registrar within twenty-one days of the signing of the agreement. Section 11(5A) Upon receipt of the merger instrument under subsection (1)(a), the Registrar shall immediately withdraw and cancel the certificates of registration of all the political parties that have merged and shall gazette the dissolution of the merged parties within seven days and...

Section 12. Restrictions on public officers in a political party Section 12(1)(a) be eligible to be a founding member of a political party; Section 12(1)(b) be eligible to hold office in a political party; Section 12(1)(c) engage in political activity that may compromise or be seen to compromise the political neutrality of that person’s office; or Section 12(1)(d) publicly indicate support for or opposition to any political party or candidate in an election. Section 12(2) Subsection (1) shall not apply to the President, Deputy President, a Member of Parliament, Governor, Deputy Governor or a member of a county assembly. Section 12(3) Until after the first elections under the Constitution, subsection (2) shall apply to the Prime Minister.

Section 13. Disqualification from holding office in a political party Section A person disqualified from holding public office under the Constitution, this Act or any other written law shall not hold office in the governing body of a political party or be its founding member.

Section 14. Resignation from political party Section 14(1)(a) the political party; Section 14(1)(b) the clerk of the relevant House of Parliament, if the member is a member of Parliament; or Section 14(1)(c) the clerk of a county assembly, if the member is a member of a county assembly. Section 14(2) The resignation of the member of the political party shall take effect upon receipt of such notice by the political party or clerk of the relevant House or county assembly. Section 14(3) The political party of which the person is a member, the member, or the clerk of the relevant House of Parliament or of a county assembly of which the person is a member shall notify the Registrar of such resignation within seven days of the resignation. Section 14(3A) Upon receiving the notification under subsection (3), the Registrar shall cause the name of such member to be removed from the membership list of that political party. Section 14(4) A person shall not be a member of more than one political party at the same time. Section 14(5) Deleted by ActNo. 2 of 2022, s. 10 (a). Section 14(5A) Deleted by ActNo. 2 of 2022, s. 10 (b). Section 14(6) Deleted by ActNo. 2 of 2022, s. 10 (c). Section 14(7)...

Section 15. Rights and privileges of a provisionally registered political party Section 15(1)(a) to hold and address public meetings in any area in Kenya for the purposes of publicising the political party and recruiting members; Section 15(1)(b) to the protection and assistance of the State security agencies for the purposes of facilitating peaceful and orderly meetings; and Section 15(1)(c) to the provision by the State, of fair opportunity to present the political party’s programmes to the public by ensuring equitable access to the State owned media. Section 15(2) Provisional registration shall not entitle any political party to organise or hold public meetings in connection with any election, or to propose or campaign for any candidate in any election. Section 15(3) A political party which contravenes the provision of subsection (2) shall not qualify for full registration. [Act No. 21 of 2016 , s. 10.]

Section 16. Corporate status of political party and declaration of assets, etc. Section 16(1)(a) acquiring and disposing of property; Section 16(1)(b) suing and being sued; and Section 16(1)(c) doing or performing all such acts and things as a body corporate may by law do or perform. Section 16(2) A political party shall, within sixty days after being issued with a certificate of full registration under section 7 , submit to the Registrar a written declaration giving details of all assets and expenditure including, all contributions, donations or pledges of contributions or donations, whether in cash or in kind, made or to be made to the initial assets of the political party by its founding members in respect of the first year of its existence. Section 16(3)(a) state the sources of all funds and other assets of the political party; Section 16(3)(b) contain such other relevant particulars as the Registrar may prescribe; and Section 16(3)(c) be supported by a statutory declaration made by the person designated to issue such a declaration by the governing body of the political party. Section 16(4) The Registrar shall, within thirty days after the receipt of the declaration required un...

Section 17. Records of political party Section 17(1)(a) a register of its members in a form prescribed in the Second Schedule. Section 17(1)(b) a copy of the constitution of the political party; Section 17(1)(c) a copy of the policies and plans of the political party; Section 17(1)(d) particulars of any contribution, donation or pledge of a contribution or donation, whether in cash or in kind, made by the founding members of the political party; Section 17(1)(e) estimates of the expenditure of the political party in accordance with the laws relating to public finance management; Section 17(1)(f) particulars of any property that belongs to the political party and the time and mode of acquisition of the property; Section 17(1)(g) 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; Section 17(1)(g)(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; Section 17(1)(g)(ii) membership dues paid; Section 17(1)(g)(iii) donations in cash or in kind;...

Section 18. Inspection of records of political parties Section 18(1) The Registrar may, issue a written notice, in the prescribed form, to the chairperson or secretary-general of a political party to furnish for inspection by the Registrar, the records required to be maintained under section 17 , or such other information as is reasonably required by the Registrar to ensure compliance with the provisions of this Act. Section 18(2) The Registrar may make copies of or take extracts from any records or other information furnished to the Registrar under this section. Section 18(3) The chairperson or secretary-general of a political party shall comply with a notice issued by the Registrar under subsection (1). Section 18(4) A chairperson or secretary-general of a political party who fails to comply with the notice under this section commits an offence. [Act No. 21 of 2016 , s. 12.]

Section 19. Public meetings of political party Section 19(1) A fully registered political party shall hold meetings of the party organs at national and county level in accordance with the party constitution. Section 19(2) A political party intending to hold a public meeting shall comply with the provisions of the laws relating to public meetings. [Act No. 21 of 2016 , s. 13.]

Section 20. Notification of changes, alterations in constitution, etc., of political party Section 20(1)(a) its constitution; Section 20(1)(b) its rules and regulations; Section 20(1)(c) the title, name or address of any party official; Section 20(1)(d) its name, symbol, slogan or colour; or Section 20(1)(e) the address and physical location of the head office or county office, Section 20(2) The political party giving notification under subsection (1) shall publish such notification in at least one daily newspapers having nationwide circulation and in the political party’s official website. Section 20(3) Upon the expiry of fourteen days from the date of publication of the notice in subsection (2), the political party may, after taking into account any representations received from the public, effect the change or alteration in accordance with its constitution and rules. Section 20(3A) The political party shall after the expiry of the period specified under subsection (3), notify the Registrar of the decision taken and the actual changes given effect. Section 20(4) An objection to the proposed change, amendment or alteration contemplated under subsection (1) shall be dealt with in a...

Section 21. Suspension and deregistration of a political party Section 21(1)(a) has contravened the provisions of Article 91 of the Constitution; Section 21(1)(b) does not promote free and fair nomination of candidates; Section 21(1)(c) does not adhere to the law relating to the nomination of candidates; Section 21(1)(d) does not respect the national values and principles of the Constitution; Section 21(1)(e) obtained its registration in a fraudulent manner; Section 21(1)(f) has instigated or participated in the commission of an election offence; Section 21(1)(g) has acted contrary to the provisions of section 26 ; Section 21(1)(h) does not have representation of special interest groups; Section 21(1)(i) does not maintain the requirements set out under section 7 ; or Section 21(1)(j) has contravened the provisions of Article 81(b) of the Constitution. Section 21(1A)(a) serve the party with a notice in writing specifying the nature of the contravention, requiring the political party to redress the contravention within the period specified in the notice: Provided that the period of the notice shall not exceed three months; Section 21(1A)(b) where the political party fails to comply w...

Section 22. Effect of deregistration Section 22(1)(a) summon a meeting of members or officers of the political party other than for purposes of winding up the political party or for purposes of challenging the deregistration of the political party; Section 22(1)(b) attend or make a person attend a meeting in the capacity of a member or officer of the political party; Section 22(1)(c) publish a notice or advertisement relating to a meeting of the political party except for purposes of a meeting under paragraph (a); Section 22(1)(d) invite persons to support the political party; Section 22(1)(e) make a contribution or loan to funds held or to be held by or for the benefit of the political party or accept a contribution or loan; or Section 22(1)(f) give a guarantee in respect of such funds. Section 22(2) A member of a deregistered political party holding an elective office established by the Constitution at the time of the political party’s deregistration shall continue to hold office for the remainder of the elective term as member of another political party or independent of any political party. Section 22(3) Deleted by ActNo. 2 of 2022, s. 15 (b) . [Act No. 2 of 2022 , s. 15.]

Section 14A. When a member may be deemed to have resigned from a political party Section 14A(1)(a) forms another political party; Section 14A(1)(b) joins in the formation of another political party; Section 14A(1)(c) joins another political party; Section 14A(1)(d) in any way or manner, publicly advocates for the formation of another political party; or Section 14A(1)(e) promotes the ideology, interests or policies of another political party. Section 14A(2)(a) notify the member that he or she has been deemed to have resigned from the political party and that the political party intends to remove his or her name fom the list of its members; and Section 14A(2)(b) afford the member a fair opportunity to be heard in accordance with the procedure set out in the constitution of the political party. Section 14A(3) A political party which deems a member to have resigned from the political party shall notify the Registrar in writing of the member’s resignation and request the Registrar to remove that person’s name from the register of members of that political party. Section 14A(4) Upon the notification under subsection (3), the Registry may, where the Registrar is satisfied that the politi...

Section 14B. Expulsion of a member from a political party Section 14B(1) A person may be expelled from a political party if that person contravenes any of the provisions of the constitution of the political party. Section 14B(2) A political party shall before expelling a member under subsection (1), afford such member a fair opportunity to be heard in accordance with the internal party disputes resolution mechanism prescribed in the constitution of the political party. [Act No. 2 of 2022 , s. 11.]

Section 4A. Roles and functions of a political party Section recruit and enlist members;

Section 4B. Reservation of name, symbol and slogan Section 4B(1) An association of persons or organisation may apply in writing to the Registrar for the reservation of a name, symbol and slogan for a proposed political party. Section 4B(2) Where a name, symbol or slogan has not been reserved for a proposed or registered political party by any other association of persons or organisation, the Registrar shall reserve the name, symbol or slogan in respect of the applicant under subsection (1) for ninety days. Section 4B(3) The Registrar shall notify the applicant in writing of the availability of the name, symbol or slogan within fourteen days of the application under subsection (1). [Act No. 2 of 2022 , s. 4.]

Section 23. Political Parties Fund Section There is established a Fund to be known as the Political Parties Fund, which shall be administered by the Registrar.

Section 24. Sources of moneys in the Fund Section 24(1)(a) such funds not being less than zero point three per cent of all the national government’s share of revenue as divided by the annual Division of Revenue Act enacted pursuant to Article 218 of the Constitution as may be determined by the National Assembly; and Section 24(1)(b) contributions and donations to the Fund from any other lawful source. Section 24(2) The balance of the Fund at the end of the financial year shall be retained for the purposes for which the Fund is established, subject to any law relating to public finance. [Act No. 2 of 2022 , s. 16.]

Section 25. Distribution of the Fund Section 25(1)(a) seventy per cent of the Fund proportionately by reference to the total number of votes secured by each political party in the preceding general election; Section 25(1)(b) fifteen per cent of the Fund proportionately to political parties based on the number of candidates of the political party from special interest groups elected in the preceding general election; Section 25(1)(c) ten per cent of the Fund proportionately to political parties based on the total number of representatives from the political party elected in the preceding general election; and Section 25(1)(d) five per cent for the administration expenses of the Fund. Section 25(2)(a) more than two-thirds of its registered office bearers are of the same gender; Section 25(2)(b) the party does not have, in its governing body, representation of special interest groups; Section 25(2)(c) an elected member of the National Assembly; Section 25(2)(c)(i) an elected member of the National Assembly; Section 25(2)(c)(ii) an elected member of the Senate; Section 25(2)(c)(iii) an elected Governor; or Section 25(2)(c)(iv) an elected member of a county assembly. Section 25(2A) For...

Section 26. Purposes of the Fund Section 26(1)(a) promoting the representation in Parliament and in the county assemblies of women, persons with disabilities, youth, ethnic and other minorities and marginalised communities; Section 26(1)(b) promoting active participation by individual citizens in political life; Section 26(1)(c) covering the election expenses of the political party and the broadcasting of the policies of the political party; Section 26(1)(d) the organisation by the political party of civic education in democracy and other electoral processes; Section 26(1)(e) bringing the political party’s influence to bear on the shaping of public opinion; and Section 26(1)(f) administrative and staff expenses of the political party which shall not be more than thirty per cent of the moneys allocated to the political party: Section 26(1A) The monies allocated to a coalition political party shall be distributed by the Registrar in accordance with the coalition agreement; Section 26(2) The moneys allocated to a political party shall not be used for any other purposes other than those specified in this Act. Section 26(3)(a) for paying directly or indirectly remuneration, fees, reward...

Section 27. Other sources of funds Section 27(1)(a) membership fees; Section 27(1)(b) voluntary contributions from a lawful source; Section 27(1)(c) donations, bequests and grants from any other lawful source, not being from a non-citizen, foreign government, inter-governmental or non-governmental organisation; and Section 27(1)(d) the proceeds of any investment, project or undertaking in which the political party has an interest. 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 to that political party. Section 27(3) Technical assistance under subsection (2) shall not include provision of any assets to the political party. 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.

Section 28. Offences related to sources of funds Section 28(1) A political party which receives funds from a non-citizen contrary to section 27 (1)(c), commits an offence. Section 28(2) Subject to subsection (6), no person or organisation 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 previous year. Section 28(4) A person who or an organisation which contravenes subsection (2) commits an offence. Section 28(5) A political party that receives an amount exceeding the amount specified in subsection (2) commits an offence and shall, in addition to the penalty imposed by this Act, forfeit that amount to the State. Section 28(6) Subsections (2) and (5) shall not apply to any contribution or donation whether in cash or 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. Section 28(7) An official of a political party or other person requir...

Section 29. Publishing sources of funds Section 29(1)(a) the amount of money received from the Fund; Section 29(1)(a)(i) the amount of money received from the Fund; Section 29(1)(a)(ii) the amount of money received from its members and supporters; and Section 29(1)(a)(iii) the amount and sources of the donations given to the party; Section 29(1)(b) the income and expenditure of the political party; and Section 29(1)(c) the assets and liabilities of the political party. Section 29(2) The publication referred to in subsection (1) shall be in at least one newspapers having nationwide circulation and in the political party’s official website. Section 29(3) A political party which contravenes this section commits an offence. Section 29(4) Notwithstanding the provisions of subsection (3), a political party that fails to comply with this section shall, during the period of non-compliance, be disqualified from receiving moneys from the Fund. [Act No. 2 of 2022 , s. 19.]

Section 30. Declaration of assets, liabilities and expenditure in relation to elections Section 30(1) A political party shall, at least ninety 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. Section 30(2)(a) fails to comply with this section; or Section 30(2)(b) submits a statement which is false in any material particulars.

Section 31. Audit of political parties accounts Section 31(1) A political party shall keep proper books and records of account of the income, expenditure, assets and liabilities of the political party. Section 31(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. Section 31(3) Deleted by ActNo. 2 of 2022, s. 21 . 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. Section 31(5) Any person shall be entitled, to inspect the audited accounts filed by a political party and, upon payment of a fee prescribed by the Registrar be issued copies of the audited accounts. [Act No. 2 of 2022 , s. 21.]

Section 32. Accounts and audit of the Office of Registrar Section 32(1) The Office of Registrar of Political Parties shall keep proper books of account of the income, expenditure and assets of the Office. Section 32(2)(a) a statement of the income and expenditure of the Office during that year; and Section 32(2)(b) a statement of the assets and liabilities of the Office during that year. Section 32(3) All accounts kept under this Act shall be audited by the Auditor-General at least once in every financial year.

Section 33. Establishment of the Office of Registrar Section 33(1) There is established the Office of the Registrar of Political Parties which shall be a body corporate with perpetual succession and a seal and which shall be capable of suing and being sued in its corporate name. Section 33(2) The Registrar shall be deputised by three Assistant Registrars, not more than two of whom shall be of the same gender. Section 33(3) The Office of the Registrar shall be a State office within the meaning of Article 260 of the Constitution. Section 33(4) The Office of the Registrar may engage such staff, experts or consultants as are necessary for the proper and effective discharge of its functions under this Act and any other written law. Section 33(5) The Office of Registrar shall be independent and shall not be subject to direction or control of any person or authority. Section 33(6)(a) holds a degree from a university recognised in Kenya; Section 33(6)(b) finance; Section 33(6)(b)(i) finance; Section 33(6)(b)(ii) management; Section 33(6)(b)(iii) political science; Section 33(6)(b)(iv) law; Section 33(6)(b)(v) governance; or Section 33(6)(b)(vi) public administration; Section 33(6)(c) has,...

Section 34. Functions of the Registrar Section register, regulate, monitor, investigate and supervise political parties to ensure compliance with this Act;

Section 35.Deleted Section Deleted by ActNo. 12 of 2012, Sch.

Section 36. Procedure for appointment of the Registrar and Assistant Registrars Section The Sixth Schedule shall apply to the procedure for the appointment of the Registrar and Assistant Registrars.

Section 37. Removal of Registrar or Assistant Registrar Section 37(1)(a) serious violation of the Constitution or of this Act; Section 37(1)(b) non-compliance with Chapter Six of the Constitution; Section 37(1)(c) inability to perform the functions of office arising from mental or physical incapacity; Section 37(1)(d) bankruptcy; Section 37(1)(e) incompetence; or Section 37(1)(f) gross misconduct. Section 37(2) A person desiring the removal of the Registrar or an Assistant Registrar shall present a petition to the Public Service Commission which shall be in writing, setting out the alleged facts constituting the grounds for the removal of the Registrar or of the Assistant Registrar. Section 37(3) The Public Service Commission shall consider the petition and, if it is satisfied that it discloses the existence of a ground under subsection (1), it shall send the petition to the President. Section 37(4)(a) suspend the Registrar or Assistant Registrar pending the outcome of the petition; and Section 37(4)(b) appoint a Tribunal in accordance with subsection (5). Section 37(5)(a) a chairperson who shall be nominated by the Judicial Service Commission and who shall be a person who is quali...

Section 38. Establishment of Political Parties Liaison Committee Section 38(1) There is established a Political Parties Liaison Committee. Section 38(2) The Political Parties Liaison Committee shall be established at the national and county levels. Section 38(3) The principal function of the Political Parties Liaison Committee is to provide a platform for dialogue between the Registrar, Commission and political parties. Section 38(4) The Political Parties Liaison Committee shall perform such other functions as may be prescribed by the Registrar.

Section 34A. Vacancy in the Office of the Registrar of Political Parties or the Assistant Registrar Section Whenever a vacancy arises in the Office of the Registrar of Political Parties or the Assistant Registrar, the President shall, with the approval of the National Assembly, appoint the Registrar of Political Parties or the Assistant Registrar from the names of nominees forwarded by the Public Service Commission in accordance with the Sixth Schedule to this Act. [Act No. 50 of 2012 , s. 2, Act No. 18 of 2014 , Sch., Act No. 21 of 2016 , s. 17.]

Section 34B. Use of technology Section 34B(1) Subject to this section, the Registrar shall establish a political parties management information system. Section 34B(2) The Registrar shall use the system established under subsection (1) for processing political parties’ data and records for the purposes of this Act. Section 34B(3) The Registrar shall ensure that the technology established under subsection (1) is simple, accurate, verifiable, secure, accountable and transparent. Section 34B(4) The Registrar shall make Regulations for the better carrying into effect of the provisions of this section. [Act No. 2 of 2022 , s. 23.]

Section 34C. Powers of the Registrar in respect of political party Records Section 34C(1)(a) the application by a provisionally registered political party for full registration has not been granted; Section 34C(1)(b) a political party has been deregistered; Section 34C(1)(c) a member of a political party resigns or is deemed to have resigned from the political party and the Registrar has been notified of the resignation; Section 34C(1)(d) a member of a political party has been expelled from the political party and the Registrar has been notified of the expulsion; Section 34C(1)(e) a member of a political party dies; Section 34C(1)(f) a member of a political party has ceased to be a citizen of Kenya; Section 34C(1)(g) a political party has merged with another political party; Section 34C(1)(h) the constitution of a political party has been amended, changed or altered; or Section 34C(1)(i) any other event that justifies the canges occurs. Section 34C(2)(a) amendment of the register of members of a political party; Section 34C(2)(b) amendment, change or alteration of the constitution of a political party; Section 34C(2)(c) addition or deletion of records; Section 34C(2)(d) addition, d...

Section 38A. Methods of conducting party nominations Section direct party nomination method; or

Section 38B. Establishment of party structures Section establish mechanisms for the resolution of disputes arising out of the nominations;

Section 38C. Registered members to participate in party nominations Section 38C(1) A registered member of a political party shall be entitled to participate in the nominations conducted by the political party. Section 38C(2) A political party that intends to conduct political party nominations under this Act shall use a certified register of members for the nominations. Section 38C(3) A political party that intends to conduct political party nominations under this Act shall apply in writing to the Registrar for a certified copy of the register of members at least twenty-one days before the date of the nominations. Section 38C(4) The Registrar shall issue the political party with a certified copy of the register of the political party’s members within seven days after the application under subsection (3). Section 38C(5) A political party shall not allow any person who is not a registered member of the political party to participate in the party nominations. Section 38C(6) Notwithstanding the provisions of subsection (5), a person may only participate in the nominations of a coalition political party if such person is a registered member of a party forming the coalition political par...

Section 38D. Access to register Section A political party shall ensure that the register of members used in party nominations is accessible to the registered members of the party. [Act No. 2 of 2022 , s. 24.]

Section 38E. Notification on party nominations Section 38E(1)(a) the method it intends to use in conducting party nominations, which method shall be in accordance with the nomination rules of the political party; Section 38E(1)(b) the date of the party nominations; Section 38E(1)(c) the venue or venues for the party nominations; and Section 38E(1)(d) the list of members of the party who wish to be nominated by the party. Section 38E(2)(a) political party shall publish in the official website of the political party the dates and venues of the nominations; and Section 38E(2)(b) Registrar shall publish in the Registrar’s website the dates and venues of the political party’s nominations.