M-Wakili

Election Campaign Financing Act 2013 - as Plain Text by MWakili

SPECIAL ISSUE Kenya Gazette Supplement No.

176 (Acts No.

42) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2Q13 NAIROBI, 27th December, 2013 CONTENT Act PACE The Election Campaign Financing Act, 2013 11 17 010MORAL COUNCI FOR LAW REPCNITINS RECEIVED 15 AN 201S P.

O.

Box 10443-00100 NAIROBI, KENYA TEL: 2749231 FAX: 2712694 PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER.

NAIROBI 1117 Election Campaign Financing 2013 No.

42 THE ELECTION CAMPAIGN FINANCING ACT, 2013 No.

42 of 2013 Date of Assent: 24th December, 2013 Date of Commencement: 10th January, 2014 Section PART IPRELIMINARY I Short title.

2Interpretation.

PART IIFUNCTIONS OF THE COMMISSION 3Functions of the Commission.

4Powers of the Commission.

PART HIREGULATION OF EXPENDITURE 5Election campaign financing rules.

6Authorised persons.

7Party expenditure committee.

8Independent candidate expenditure committee.

9Referendum expenditure committee.

10---,Submission of expenditure reports.

PART IVCONTRIBUTIONS AND DONATIONS 11Sources of campaign finances.

I2Limits to contributions.

13Anonymous contributions or contributions from an illegal source.

14Prohibition on contributions.

15Support by an organization.

16Disclosuriof funds.

17Surplus campaign funds.

18Spending limits.

19Authorised expenditures.

20Media coverage.

PART V DISPUTE RESOLUTION AND OFFENCES 21Dispute resolution.

22-Offences.

23Offences by a candidate, a political party or a referendum committee.

24General penalty.

1118 No.

42 Election Campaign Financing 2013 PART VI MISCELLANEOUS 25Registration and dissolution of expenditure committees.

26Records.

27Audit of accounts.

28Claims and objections.

29Provisions on delegated powers.

1119 2013 Election ('ampaign Financing No.

42 TEl ELECTION,CAMPAIGN PINANCING ACT, 2013 AN ACT of Parliament to provide for the regulation, management, expenditure and accountability of election campaign funds during election and referendum campaigns; and for connected purposes ENACTED by the Parliament of Kenya as follows PART IPRELIMINARY 1.

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

Financing Act, 2013.

2.

(1) In this Act, unless 'the context otherwise Interpretation.

requires---- "anonymous donation" means a donation which the recipient is, unable to ascertain the identity of the donor; "bank" means a bank as defined under the Banking Act; Cap.488 "candidate" means a person contesting for an elective post; "campaign expenses" means expenses incurred by a candidate, a political party, a referendum committee or an organisation registered by the Commission to campaign in support of a candidate, a political party or a referendum committee during an election period; "campaign financing" means resources spent by a candidate or a political party during an election period for purposes of campaign;.

"campaign period" has the meaning assigned to it under the Elections Act; No.

24 of 2011 "Commission" means the Independent Electoral and Article 88 of the Boundaries Commission established under Constitution; "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; "election" means a presidential, parliamentary or county election, and includes a referendum and a by-election; funds expended or expenses "election expenses" means all incurred in respect of the conduct and management of aa 1120 No.

42 Election Campaign Financing 2013 nomination process, election campaign by a political party or a candidate or a referendum campaign and include-- (a) in relation to a nomination process, all expenses incurred by a political party or a candidate during the nomination process; (b) in relation to an election campaign, all expenses incurred by a political party or candidate for the purpose of an election campaign: and (c) in relation to a referendum, all expenses incurred by referendum committees for the purpose of a referendum campaign:.

"election period" has the meaning assigned to it under the Elections Act; "expenditure account" means a hank account opened by a candidate, a political party or a referendum committee for purposes of depositing contributions received by that candidate, political party or referendum committee during an election period or a referendum campaign period as the case may he; , "expenditure committee" means a committee established by a candidate, a political party or a referendum committee to regulate spending by a: candidate, a political party or a referendum committee during an election or a referendum campaign period as the case may be; "expenditure period" means the prescribed period for regulating election campaign financing;.

"expenditure report" means a report of expenses incurred by a candidate, a political party, or a referendum committee during a nomination or election period or a referendum campaign period; "harambee" means the public collection of monies or other property in aid support of an election or referendum campaign; "illegal source" means a contribution from an unlawful source; "monetary contribution" means a non-repayable amount of money contributed to a campaign financing account; "nomination day", in respect of an election, means the day gazetted by the Commission as the day for the nomination of candidates for that election; "non-monetary contribution" means the market value of a service, other than volunteer labour, or of property or of the use of property or money to the extent that they are provided without charge or at less than their market value; 1121 2013 Election Campaign Financing No.

42 "organisation- includes a club, group, foundation, business or a registered society; -party campaign expenditure rules" means rules of a political party intended to guide the political party in matters related to campaign expenses during an election period; "party candidate" means a candidate who is sponsored by a political party to contest in an election; "political party" means a politigal party registered under the No.

II 42011.

Political Parties Act; "party nomination" means the process where a political party nominates candidates to it sponsored by that political party to contest in an election; "public resource" includes- (a) monies intended for public use; (b) a vehicle or equipment owned by or'in the possession of the State, a state organ, statutory corporation or a company in which tits State owns a controlling interest; or (c) premises owned or occupied by the State, a state organ, statutory corporation or a company in which the State owns a controlling interest; "referendum committee" has the meaning assigned to it under the Elections Act; "Registrar" means the Registrar of Political Parties appointed under the Political Parties Act; "spending limit" means the maximum threshold of money a candidate, political party or referendum committee may expend during a nomination, election or referendum campaign and includes the expenditure incurred by any person or organization on behalf of a candidate, political party or referendum committee; "technical assistance" means support in knowledge, skills and ideas provided to a candidate, political party or referendum committee in connection with an election or referendum campaign; "volunteer services" means the rendeting of personal services related to the campaign activitiesof a candidate, political party or a referendum committee during an electiou or referendum period, without compensation.

1122 2013 No.

42 Election Campaign Financing PART IIFUNCTIONS OF THE COMMISSION Functions of the 3.

(1) Pursuant to Article 88 (4)(i) of the Constitution Commission.

and section 4(i) of the Independent Electoral and Boundaries Commission Act, the Commission shall be responsible for the regulation and administration of campaign financing under this Act and shall (a) keep a register of authorised persons under this Act; (b) supervise candidates, political parties, referendum committees and authorised persons in relation to campaign expenses; (c) set spending limits and enforce compliance with such limits; (d) set limits and verify sources of contributions to a candidate, a political party or a referendum committee; (e) monitor and regulate campaign expenses; (f) provide a framework for the reporting of campaign expenses; (g) advise a candidate, a political party or a referendut, committee on any matter relating to campaign expenses; and (h) provide and enforce a framework for the regulation of media coverage; (i) perform such other functions as may be necessary for the purposes of this Act.

(2) In performing its functions under subsection (1), the Commission may act in consultation with the Registrar.

Powers of the 4.

(1) The Commission shall have the power to Commission.

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 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.

(3) The Commission may request for information relating to party nomination expenses and election campaign expenses of 1123 2013 Election Campaign Financing No.

42 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.

(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.

(5) The Commission may take such other action as is necessary for purposes of carrying out its functions under this Act.

PART HIREGULATION OF EXPENDITURE 5.

The Commission shall make rules to regulate Election campaign election campaign financing financing rules.

(a) in the case of a general election; at least twelve months before the election; and (h) in the case of a by-election or referendum, at such time as the Commission may determine.

6.

(1) For purposes of regulating election campaign Authorised financing during the expenditure period, the authorised persons persons.

shall be-- (a ) a candidate; (b) an agent of the candidate; (c) political party campaign financing committee; and (d) referendum campaign financing committee.

(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.

(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, three of whom shall be signatories to the referendum campaign financing account.

(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.

1124 No.

42 Election Campaign Financing 2013 (5) The authorised persons referred to in subsection (1) shall be registered by the Commission (a) for a general election, at least eight months before the general election; or (b) for a by-election, within seven days after the notice of a vacancy issued by the relevant Speaker.

(c) for a referendum, within fourteen days after the publication of the referendum question by the Commission.

(6) Each of the authorised persons referred to in subsection (I) shall open a campaign financing account and shall submit details of that account to the Commission at the time of registration under subsection (2).

(7) There shall be deposited into the campaign financing account referred to in subsea elto (3)- (a) contributions by a ndidate; (b) contributions by party; (c) contributions received from any other lawful source.

Party expenditure 7.

( I ) A political party intending to contest in an committee.

election shall, in accordance with the constitution and rules of the political party, constitute a party expenditure committee which shall consist of nine rtiltmbers (a) three of whom site 11 be persons nominated by the governing body of that political party, of whom one shall be the secretory-general of the party; (b) not more than onelbf whom shall be from one region; and (c) not more than two-thirds of whom shall be of one gender.

(2) The appointment of members of the referendum expenditure committee referred to in subsection (1) shall take into accountregional and other diversity of the people of Kenya.

(3) The members of a party expenditure committee shall not include members of a party candidate expenditure committee.

(4) The party expenditure committee referred to in subsection (1) shall (a) open a party expenditure committee account into which all the money in respect of the election campaign of that party shall be deposited; I125 2013 Election Campaign Financing No.

42 (b) be signatories to the party expenditure committee account; (c) advise the political party on all financial matters related to the party nomination or to the party campaign expenditure; (d) manage the party expenditure committee account of the political party and keep the books of account updated and available for inspection; and (e) receive party nomination and campaign expenditure reports from each party candidate; (f) monitor the campaign expenditure of the party candidate and ensure that the party candidate complies with party nomination and campaign expenditure rules; (g) compile the expenditure reports received from the party candidates and submit to the Commission the preliminary nomination expenditure report and the final campaign expenditure report; and (Ii) submit to the Commission the final campaign expenditure report of the political party.

(5) A political party shall, as soon as reasonable, notify the Commission of any changes in the membership of the party expenditure committee.

8.

(1) An independent candidate intending to contest in Independent an election, shall, constitute an independent candidate candidate expenditure committee.

expenditure committee.

(2) The independent candidate expenditure committee referred to in subsection (1) shall consist of three members 'nominated by the candidate.

(3) The independent candidate expenditure committee shall (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; (b) be signatories to the independent candidate expenditure committee account; (c) advise the independent candidate on all financial matters related to the campaign expenditure; and (d) manage the candidate expenditure committee account of the independent candidate and keep the books of account updated and available for inspection; 1126 Election Campaign Financing No.

42 2013 (e) receive expenditure reports from the independent candidate; and (f) compile and submit to the Commission the final campaign expenditure report of the independent candidate with respect to the election period.

Referendum 9.

expenditure ) A national referendum committee intending to committee.

campaign in a referendum shall constitute a referendum expenditure committee which shall consist of nine members (a) three of whom shall be persons nominated by the national committee estahlished under section 51 of the Elections Act; (b) not more than one of whom shall he from one region; and (c) not more than two-thirds of whom shall be of one gender.

(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.

(3) The referendum expenditure committee referred to in subsection (1) shall (a) open a referendum expenditure committee account into which all the money in respect of the referendum campaign shall be deposited; (b) be signatories to the referendum expenditure committee account; (c) advise the national committee on all financial matters related to referendum campaign expenditure; (d) manage the referendum expenditure committee account of the relevant national committee and keep the books of account updated and available for inspection; and (e) receive campaign expenditure reports from each constituency committee; (0 monitor the campaign expenditure of the national committee and the constituency committees and ensure that the committees comply with campaign expenditure rules; and (g) compile and submit to the Commission the preliminary nomination expenditure report and the final campaign expenditure report.

1127 Lied/on lanC11714 ' 2013 No.

42 (5) A national committee shall, as soon as reasonable, notify the Commission of any changes in the membership of the referendum expenditure committee.

(I) A party candidate shall submit to the political Submission 01 10.

party of that candidate and to the Commission - - expendittue reports (a) a preliminary nomination expenditure report, within twenty-one days of the political party nomination: and (h) the final expenditure report within, three months alter elections.

(2) A political party shall within three months after the elections submit a final expenditure report to the Commission.

{3) An independent candidate shall within three months after the election, submit the final expenditure report to the Commission.

(4) A referendum committee shall, within three months after the referendum submit the final expenditure report to the Commission.

(5) The expenditure reports submitted under subsections ( )(b), (2), (3), and (4) shall include records showing all transactions and income and expenditure statement.

PART IVCONTRIBUTIONS AND DONATIONS II.

The sources of funds for purposes of financing party Sources of nomination, election or referendum campaign are--- campaign finances.

(a) contributions received from any person, political party or any other lawful source; (b) contributions from a lawful source, not being directly from a foreign government; and (c) contributions from a harambee.

12.

(1) The Commission shall, at least twelve months I,im its to before a general election, by notice in the Gazette, prescribing contributions.

limits on (a) total contributions; (b) contributions from a single source; (c) paid-up media coverage; (d) loan forming part of a contribution, which a candidate, political party or referendum committee may receive during the expenditure period.

(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 1128 No.

42 Election ( 4c1111pclig17 N11(111Cing 2013 contributions received by that candidate, political party or referendum committee.

(3) The Commission shall prescribe the limit beyond which contributions received by a candidate, a political party or a referendum committee 11.0111 a single source may be disclosed.

Anonymous 13.

(I) A candidate, a political party or a referendum contributions or committee shall not receive and keep-- contributions from an illegal source.

(a) anonymous contributions or support whether in cash or in kind; or (b) contributions from an illegal source as specified by this Act or by any other law.

(2) A candidate who, a political party or a referendum committee which receives contributions referred to in subsection (I) shall, within Iburteen days of the receipt, report such receipt and submit the contribution to the Commission.

(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.

Prohibition On 14.

(1) A candidate, a political party or a referendum contributions.

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.

(2) A State, a state institution or a public officer shall not use any public resource to (a) support or to campaign in support of a candidate, a political party or a referendum committee; or (b) support any organisation that is supporting or campaigning for a candidate, political party or a referendum committee.

(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.

(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.

(5) Public resources referred to under subsection (1) shall not include -public funding provided for the Political Party Fund established under the Political Parties Act.

1129 2013 Election Campaign Financing No.

42 (6) A candidate who or a political party or a referendum committee which contravenes subsection (I) commits an offence.

15.

(1) Any person who, or an organisation which Support t,), an contributes to a candidate, a political party or a referendum organisation.

committee shall channel such contributions through the expenditure accounts specified under sections 7, 8, 9 and 10.

(2) An organisation which intends to campaign in support of a candidate, a political party or a referendum committee shall (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; (b) register with the Commission; and (c) open a campaign financing account into which the contributions shall be deposited, in the case of- (i) a candidate or a political party committee, at least eight months before the polling day; or (ii) a referendum committee, at the time of registration of that committee.

(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.

campaigns in support of a (4) An organisation which.

candidate or 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 authorised person.

16.

A candidate who, or a political party or a referendum Disclosure of committee which, receives contributions under this Act shall funds.

issue a receipt for any contribution exceeding twenty thousand shillings.

(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.

(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.

1130 2013 E/etlion 'ampaign Financing No.

42 (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.

(5) The disclosure of funds shall be confidential and details of such funds shall not he 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.

(6) A candidate who, or a political party or referendum committee which fails to disclose funds or donations as required under this Act commits an offence.

Surplus eanwaign 17.

(1) A candidate, political party or a referendum fluids committee shall (a) within three months after the date of an election or referendum, notify the Commission of any surplus campaign funds held in the expenditure committee; (h) within three months after the date of an election or referendum, submit the surplus campaign funds to- (i) in the case of a political pally campaign finance committee, to the political party; (ii) in the case of a party candidate, to the political party that nominated the candidate for purposes of the activities of the youth, women and persons with disability; (iii) in the case of an independent candidate or a referendum committee, to a charitable organisation preferred by that independent candidate or referendum committee, as the case may be; (c) within three months after the date of an election or referendum, report to the Commission in respect of the action taken under this section.

limits.

Spending 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.

(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 1131 2013 Eled Ion Campaiwi Financing No.

42 financing account shall not exceed the limit of the total contribution prescribed under subsection (I).

(3) The Commission may, by notice in the Gazette, vary the spending limits prescribed under subsection (1).

(4) The Commission shall, in prescribing spending limits under subsection (1), take into consideration (a) geographical features and urban centres; (h) the 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.

(5) Subsection (4)(d) shall only apply with respect to party nomination expenditure of a party candidate.

(6) Where a candidate, political party or a referendum committee exceeds the spending limits prescribed under this section due to Unforeseeable and extraneous circumstances, the candidate, political party or referendum committee shall file a report with the Commission specifying the reasons for exceeding the limit, with such time as the Commission may prescribe and the Commission shall determine if such spending was justifiable.

(7) A candidate who, or a political party or referendum committee whidh, exceeds the prescribed spending limits and fails to report this fact to the Commission commits an offence.

19.

The Commission shall, at least twelve months before Authorised an election, by notice in the Gazette, prescribe the nature of expenditures.

authorised items or activities for which campaign expenses may be incurred, including the cost of (a) venue where campaign activities may be undertaken; (b) publicity material for campaigns; (c) advertising for the campaigns; (d) campaign personnel; (e) transportation in respect of campaign activities; and (f) any other justifiable expenses.

20.

(1) The Commission shall, after consultations with Media coverage.

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 media coverage of a candidate, political party or a referendum committee, which shall include 1132 No.

42 Election Campaign Financing 2013 (a) paid-up advertisement; and (b) free broadcasting spots or coverage in the print media.

(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).

(3) A candidate, political party, referendum committee or a media enterprise which breaches the limits prescribed under this section commits an offence.

PART VDISPUTE RESOLUTION AND OFFENCES Dispute 21.

(1) Any person may lodge a complaint with the resolution Commission alleging that a breach of this Act has been committed.

(2) The Commission may investigate a breach of this Act (3) Where a complaint has been filed or a breach detected under this section, the Commission shall hear and determine that comp la nt- (a) within seven days, if filed before an election; (b) within fourteen days, if filed after an election.

(4) In determining a complaint, and subject to section 4, the Commission shall have the powers to (a) request for the attendance of any person believed to have information related to the complaint; (b) call for any information believed to be relevant in the determination of the complaint.

(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 from contesting in that election or referendum, as the case may be.

1 133 2913 ('ampaign 1'117(1117g No.

42 (6) Where the oficnce is discovered after an election and an order of disqualification is made, the candidate or the political party shall be disqualified from contesting in the subsequent by- election or general election.

(7) Where an order of disqualification is made under this section.

the order shall be---- (a) registered in the I ligh Court, in the case of presidential, parliamentary, governor elections or referendum; and (b) registered in the resident magistrate's court in the case of county assembly elections.

22.

A person who It C ut:es (a) obstructs the Commission or any representative of the Commission from exercising powers under this Act; (b) refuses to produce books, reports and other documents when requested; (c) knowingly produces false books, reports and other documents; (d) knowingly gives false or incorrect information; (c) knowingly makes false or incorrect statements in any returns or financial report required under this Act; or (f) knowingly destroys any books, records or other documents or things related to the subject matter of investigation examination or inspection under this Act, 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 to both.

23.

(1) A candidate who or a political party or a Offences by aa referendum committee which candidate, political party or a (a) in the case of a party candidate or a political referendum party, contravenes the party campaign expenditure rules; committee.

(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 1134 2013 No.

42 Llection ('01), par gli I.

matt, mg imprisonment for a term not exceeding five years or to both.

(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.

(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 he.

p llatIV 24.

A person convicted of an offence under this Act for which no penalty is provided shall he liable to a fine not exceeding two million shillings or a term of imprisonment not exceeding live years or to both.

PART VIMISCELLANEOUS 1<egist 'mon and 25.

(1) The Commission shall prescribe the procedures dissolt ion ol for the registration and dissolution of expenditure committees.

expenditure committees.

(2) The expenditure committees shall stand dissolved on submission of the final expenditure reports referred to in section I0.

Records.

26.

(I) 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.

(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 subsection (2) shall be subject to confidentiality requirements of the Commission.

1135 2013 Election Campaign Financing No.

42 27.

The Auditor-General may, on the request of the Audit of accounts.

Commission, audit the accounts relating to the campaign expenses of a candidate, a political party or a referendum committee.

28.

(1) A person who objects to any matter related to Claims and campaign finance expenditures submitted by a candidate, objections political party or a referendum committee may file a claim to the Commission in the prescribed form and manner and within the prescribed time.

(2) The claim submitted under subsection (1), shall be determined within (a) seven days, if filed before an election; and (b) fourteen days, if filed after an election.

on 29.

(1) The Commission may make regulations for the Provisions better performance of its functions under this Act, and such delegated powers.

regulations shall be laid before the National Assembly for approval before they are published in the Gazette.

(2) In particular and without prejudice to the generality of the power conferred by subsection (1), the Commission may make regulations (a) providing for spending limits for the different elections; (b) providing guidelines for expenditure rules for political parties and independent candidates; (c) prescribing the manner in which contributions may be made; (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; (e) prescribing mechanisms and procedures for reporting on and monitoring the spending limits; (0 prescribing the manner in which records shall be prepared and maintained; (g) prescribing procedures for the determination of claims and objections; and (h) prescribing anything which is required to be prescribed for purposes of this Act.

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Is M-Wakili a substitute for a human lawyer?

No it cannot and will not be, M-Wakili is designed to assist and provide legal information and is great at that. However, there are still situations where the expertise and personal touch of a real lawyer is necessary, such as in court representation and negotiations.
Fun fact, most of our paying users are lawyers! They use M-Wakili to help them with legal research and analysis.

Is AI going to replace lawyers?

No. M-Wakili AI is great for helping real-life lawyers with legal work and assisting people in understanding legal problems, providing many ways how to handle them. However, AI cannot replace the human touch of a real lawyer. There are still situations where the expertise and personal touch of a real lawyer is necessary, such as in court representation and negotiations.
In fact, most of our paying users are lawyers! They are excited about the possibilities of AI in the legal industry and are leveraging it to save time and energy and focus on higher-level tasks.
AI can make the legal market more convenient for both sides by allowing real lawyers to focus on specialized services while using AI to handle certain tasks.

Is my data secure with M-Wakili?

Yes, we prioritize user data privacy and have implemented strict measures to ensure that your data is secure.

Can M-Wakili represent me in court?

Not yet, M-Wakili cannot represent you in court. It can help you understand the law and your legal situation, but you will need a human lawyer for court representation.

Do I need to pay for M-Wakili services?

Currently, we offer basic features for free while premium services require a subscription fee. Please visit our pricing page for more details.

How can M-Wakili help law students?

M-Wakili can assist law students in learning and practicing their legal research and analysis skills. It may also offer insights into current legal trends and issues, helping prepare them for their future in law.

What does "HHH" mean?

Helpful, Honest, and Harmless (HHH) are three components of building AI systems (like M-Wakili) that are aligned with people’s interests.
- Helpful: M-Wakili wants to genuinely help the user
- Honest: M-Wakili shares information it believes to be true, and avoids made-up information
- Harmless: M-Wakili will not cooperate in aiding the user in harmful activities or lead the user to harms way