The Political Parties Amendment Act 2022 - as Plain Text by MWakili

NATIONAL COUNCIL FOR LAW REPORTING LIBRARY SPECIAL ISSUE Kenya Gazette Supplement No.

11 (Acts No.

2) REPUBLIC OF KENYA KENYA GAZETTE SUPPLEMENT ACTS, 2022 NAIROBI, 28th January, 2022 CONTENT Act PAGE 29 The Political Parties (Amendment) Act, 2022 tv REPORTN6,,.

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14 FEB 2022 ( c1r 1 ,, Box P.

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1AIRCr r', TEL: 271 93 FAX PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER, NAIROBI 29 THE POLITICAL PARTIES (AMENDMENT) ACT No.

2 of 2022 Date of Assent: 27th January, 2022 Date of Commencement: 11th February, 2022 AN ACT of Parliament to amend the Political Parties Act; and for connected purposes ENACTED by the Parliament of Kenya as follows Short title.

1.

This Act may be cited as the Political Parties (Amendment) Act, 2022.

Amendment of 2.

Section 2 of the Political Parties Act, 2011 section 2 of No.

amended (hereinafter referred to as the principal Act) is 11 of 20 11.

by- party (a) deleting the definition of the term political i and substituting therefor the following new definition political party r (a) 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 (b) includes a coalition political party; (b) deleting the definition of the term party primary; and (c) inserting the following new definitions in proper alphabetical sequence is coalition political party means a coalition that registered by the Registrar as a political party; direct party nomination means the process by which elects its a political party, through its registered members, candidates for an election; indirect party nomination means the process by which a political party, through the use of delegates and selected from registered members of the political party and interviews, selects its candidates for an election; 30 2d22 Political Parties (Amendment) No.

2 statement of ideology means a statement setting out part y.

the doctri ne, ethical ideals, and pri nciples of the Amendment of 3.

Section 3 of the pri ncipal Act is amended by section 3 of No.

after 11 of 20 11.

insert ing the following new subsection immediately subsection (2) (2A) A citizen of Kenya who has attained the of age of eighteen years may, subject to the provisions this Act and any other law join a political part y (a) upon the payment of the part ys membership fees; and (b) complying with any other requirements as prescri bed by the part y.

I nsertion of new 4.The principal Act is amended by insert ing the section 4A in No.

11 of 20 11.

following new sections immediately after section 4 Roles and functions of 4A.

A political part y may a political party.

(a) recruit and enlist members; J (b) nominate candidates for elections; m (c) promote representation Parliament and county assemblies of women, persons with disabilities, youth, ethnic and other minori ties and marginalised communities; (d) sensitize the public on the functioning of the political and electoral system; (e) promote and enhance national unity; (f) mobilize citizens into part icipating in political decisions; (g) solicit and art iculate public policy pri ori ties as identifi ed by i ts members; and (h) shape and influence public policy.

Reservation of name, 4B.

(1) An association of persons or symbol and slogan.

organisation may apply in wri ting to the Registrar for the reservation of a name.

31 2022 Political Parties (Amendment) No.

2 symbol and slogan for' a proposed political patty.

(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.

(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).

Amendment of 5.

Section 5 of the principal Act is amended section 5 of No.

11 of 20 11.

(a) by inserting the following new subsection immediately after subsection (1) (lA) 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.

one (b) in subsection (5), by deleting the words hundred and eighty days and substituting therefor the words two hundred and seventy days.

Amendment of 6.

Section 6 of the principal Act is amended section 6 of No.

11 of 20 11.

new (a) in subsection (2), by inserting the following paragraph immediately after paragraph (d) (da) be accompanied by a statement of the ideology of the proposed political party; (b) in subsection (3), by inserting the words and slogan immediately after the word symbol.

Amendment of 7.

Section 7 of the principal Act is amended section 7 of No.

11 of 20 11.

(a) in subsection (2) (f), by inserting the following new item immediately after item (iv) 32 2022 Political Parties (Amendment) No.

2 (v) the address of the official website of the political party, (b) by inserting the following new subsections immediately after subsection (5) (6) A coalition political party shall not be 5 required to comply with the provisions of sections and 6.

(7) The Registrar shall, upon the deposit of a coalition agreement for the formation of a coalition with a political party, issue the coalition political party certificate of full registration.

(8) The governance of a coalition political party shall be in accordance with the provisions of the Act relating to the governance of a coalition and the Regulations made in that regard.

(9) A member of a coalition shall not be a member of another coalition.

Amendment of 8.

Section 8 of the principal Act is amended section 8 of No.

11 of 20 11.

(a) in the opening statement, by inserting the words the slogan immediately after the word name; (b) in paragraph (c), by inserting the word slogan immediately after the word name; (c) by i nserting the following new paragraphs immediately after paragraph (c) (d) is similar to, or associated with, a group or association that has been proscribed under any written law; or (e) is against the public interest.

Amendment of 9.

Section 10 of the principal Act is amended section 10 of No.

11 of 20 11.

(a) in subsection (1), by inserting the words or a coalition political party immediately after the words form a coalition ; and (b) by inserting the following proviso to subsection (2)- Provided that in the case of a coalition political party, the coalition political party shall submit the 33 2022 Political Parties (Amendment) No.

2 coalition agreement at least one hundred and twenty days before a general election.

Amendment of 10.

Section 14 of the principal Act is amended by section 14 of No.

11 of 20 11.

(a) deleting subsection (5); (b) deleting subsection (5A); (c) deleting subsection (6); and (d) deleting subsection (7).

I nsertion of new 11.

The principal Act is amended by inserting the section 14A in No.

11 of 20 11.

following new sections immediately after section 14 When a member may 14A.

(1) A person who, while being a be deemed to have member of a political party shall be deemed resigned from a political party.

to have resigned from that party if that person (a) forms another political party; (b) j oins in the formation of another political party; (c) j oins another political party; (d) in any way or manner, publicly advocates for t he f orm ation of another political party; or (e) promotes the ideology, interests or policies of another political party.

(2) A political party shall, before deeming a member to have resigned under subsection (1) (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 from the list of its members; and (b) afford the member af air opportunity to be heard in accordance with the procedure set out int he constitution of t he political party.

34 2022 No.

2 Political Parties (Amendment) (3) A political party which deems a member to have resigned from the political party shall notify the Registrar in writing of the members resignation and request the Registrar to remove that persons name from the register of members of that political party.

(4) Upon the notifi cation under subsection (3), the Registry may, where the Registrar is satisfi ed that the political party has complied with the procedure under subsection (2), remove the members name from the register of members of the political party within seven days of the notifi cation and notify the member in writing that he or she has ceased to be a member of that political party.

(5) Where the Registrar is not satisfi ed in accordance with subsection (4), the Registrar shall refer the matter back to the concern ed f or political party reconsideration.

(6) Subsection (I) (c), (d) and (e) shall not apply to a member of a political party which enters or proposes to enter into a merger or a coalition with another political party.

Expulsion of a1^.

(1) A person may be expelled member from a from a political part yif that person political party.

contravenes any of the provisions of the constitution of the political party.

(2) A political p^ shall, before expelling a member under subsection (1), afford such member a fair opportunity to be heard in accordance with the intemd part y disputes resolution mech^ ism prescri bed in the constitution of the political party.

Amendment of 12.

Section 16 of the pri ncipal Act is amended in section 16 of No.

subsection (4) by insert ing the words and in the political 11 of 20 11.

partys offi cial website immediately after the word circulation.

35 2022 Political Parties (Amendment) No.

2 Amendment of 13.

Section 20 of the pri ncipal Act is amended section 20 of No.

11 of 20 11.

(a) in subsection (2), by (i) deleting the word two and substituting therefor the word one; and (ii) inserting the words and in the political partys official website immediately after the word circulation; (b) by i nserting the following new subsections immediately after subsection (3A) (4) An objection to the proposed change, amendment or alteration contemplated under subsection (1) shall be dealt with in accordance with the constitution of the political party and the political party shall inform the Registrar of the manner in which the objection was dealt with.

(5) Where the Registrar is satisfied that the political party has complied with the proyisions of this section, the Registrar shall, within fourteen days after the notifi cation under section (3A), notify the political party in wri ting that the change, amendment or alteration has been made to the constitution of the political party.

Amendment of 14.

Section 21 of the pri ncipal Act is amended section 21 of No.

11 of 20 11.

with (a) by deleting the marginal note and replacing it the following new marginal note Suspension and deregistration of a political party, (b) in subsection (1), by inserting the word suspend or immediately after the word may; (c) by inserting the following new subsection immediately aft er subsection (1) (lA) Where a registered political party contravenes the provisions of subsection (1), the Registrar may (a) serve the paty with a notice in wri ting specifying the nature of the contravention, requiring the political party to redress the contravention within the peri od specifi ed in the notice: 36 2022 Political Parties (Amendment) No.

2 Provided that the period of the notice shall not exceed three months; (b) where the political party fails to comply with the notice under paragraph (a) within the specified period, suspend the registration of the political party for a period not exceeding one year; and (c) where, after the expiry of the period specified in paragraph (b), the party fails to remedy the contravention and persists in contravening the provisions of this Act, deregister the party, (d) in subsection (2), by inserting the words suspending and i mmediately af ter the word before ; (e) by deleting subsection (3); and (f) by inserting the following new subsection immediately after subsection (4) (4A) A political party that is dissatisfied with the decision to suspend it under this section may, within thirty days of receiving the notice of suspension, apply to the Registrar for a review of the decision, (g) by inserting the following new subsection immediately after subsection (6) (7) A political party which is dissatisfied with the decision of the Registrar under subsections (1) or (2) may appeal to the Tribunal against the decision.

Amendment of 15.

Section 22 of the principal Act is amended by section 22 of No.

11 of 20 11.

(a) deleting subsection (2) and substituting therefor the following new subsection (2) A member of a deregistered political party holding an elective office established by the Constitution at the time of the political partys deregistration shall continue to hold office for the remainder of the elective term as a member of another political party or independent of any political party.

37 No.

2 Political Parties (Amendment) 2022 (b) deleting subsection (3).

Amendment of 16.

Section 24 of the pri ncipal Act is amended in section 24 of No, n of 2011.

subsection (1) (a) by deleting the words the revenue collected by the national government as may be provided all the by Parliament and substituting therefor the words the national governments share of revenue as divided by Article annual Division of Revenue Act enacted pursuant to 218 of the Constitution as may be determined by the National Assembly.

Amendment of 17.

Section 25 of the principal Act is amended section 25 of No.

11 of 20 11.

(a) by deleting subsection (1) and substituting therefor the following new subsection (1) The Fund shall be distributed as follows (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; (b) fift een per cent of the Fimd proportionately to political parties based on the number of candidates of the political party from special interest groups elected in the preceding general election; Fund (c) ten per cent of the proportionately to political parties based on the total number of representatives from the political party elected in the preceding general election; and (d) five per cent for the administration expenses of the Fund, (b) by deleting subsection (2) and substituting therefor the following new subsection (2) Notwithstanding subsection (1), a political party under shall not be entitled to receive funding from the Fund subsection (1) if (a) more than two-thirds of its registered office bearers are of the same gender; 38 No.

2 Political Parties (Amendment) 2022 (b) the party does not have, in its governing body, representation of special interest groups; (c) the party does not have (i) an elected member of the National Assembly; (ii) an elected member of the Senate; (iii) an elected Govern or; or (iv) an elected member of a county assembly.

Amendment of 18.

Section 26 of the principal Act is amended section 26 of No.

11 of 20 11.

(a) by inserting the following new subsection immediately after subsection (1) (lA) The monies allocated to a coalition political party shall be distributed by the Registrar in accordance with the coalition agreement; (b) in subsection (3)(a) by deleting the words a member of staff appearing at the end of the subsection and substituting therefor the words a party election agent or a contracted person in ^ furtherance of the objectives under sub section (1) or an employee of the political party.

Amendment of 19.

Section 29 of the principal Act is amended in section 29 of No.

subsection (2) by 11 of 20 11.

(a) deleting the word two and substituting therefor one ; and (b) inserting the words and in the political partys official website immediately after the word circulation.

of 20.

Section 30 of the principal Act is amended in Amendment section 30 of No.

.

subsection (1) by deleting the word sixty and substituting 11 of 20 11.

therefor the word ninety.

of 21.

Section 31 of the principal Act is amended by Amendment deleting subsection (3).

of 22.

Section 34 of the principal Act is amended Amendment section 34 of No.

.

.

,.

Il of 2011.

(a) by inserting the following new paragraph immediately after paragraph (d) 39 2022 Political Parties (Amendment) No.

2 (da) keep and maintain a register of members of registered political parties; (b) in paragraph (f), by deleting the word his appearing immediately after the words the Commission of and substituting therefor the word the ; (c) by inserting the following new paragraphs immediately after paragraph (f) (fa) certify that an independent candidate in an election is not a member of any registered political party; (fb) certify that the symbol intended to be used by an independent candidate in an election does not resemble the symbol of a registered political party; (fc) certify that the names appearing in a party li st are the names of members of the political party presenting the party list; (fd) regulate political party nominations in accordance with this Act; and (fe) train political party election agents upon the request and financing by the political party.

I nsertion of new 23.

The principal Act is amended by inserting the section in No.

11 following new sections immediately aft er section 34A of 20 11.

Use of technology.

34B.

(1) Subject to this section, the Registrar shall establish a political parties management information system.

(2) The Registrar shall use the system established under subsection ( 1) for processing political parties data and records for the purposes of this Act.

(3) The Registrar shall ensure that the technology established under subsection (1) is simple, accurate, verifiable, secure, accountable and transparent.

(4) The Registrar shall make Regulations for the better carrying into effect of the provisions of this section.

40 2022 Political Parties (Amendment) No.

2 Powers of the 34C.

(1) The Registrar may make Registrar in respect changes to the records of political parties of politicai party records.

submitted to the Registrar under this Act where (a) the application by a provisionally registered political party for full registration has not been granted; (b) a political party has been deregistered; (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; (d) a member of a political party has been expelled from the political party and the Registrar has been notified of the expulsion; (e) a member of a political party dies; (f) a member of a political party has ceased to be a citizen of Kenya; (g) a political party has merged with another political party; (h) the constitution of a political party has been amended, changed or altered; or (i) any other event that justifies the changes occurs.

(2) The changes contemplated under subsection (1) may include (a) amendment of the register of members of a political party; (b) amendment, change or alteration of the constitution of a political party; (c) addition or deletion of records; (d) addition, deletion or alteration of names; and 41 2022 Political Parties (Amendment) No.

2 (e) any other change that is consistent with the provisions of this Act.

(3) The Registrar shall notify the political party of any change made to its records under subsection (1).

(4) A political party that is dissatisfied by the decision of the Registrar under subsection (1) may appeal to the Tribunal.

I nsertion of new 24.

The principal Act is amended by inserting the Part in No.

11 of 2011.

following new Part immediately after section 38 PART IVA- PARTY NOMINATIONS Methods of 38A.

A political party may conduct conducting party party nominations using any of the nominations.

following methods (a) direct party nomination method; or (b) indirect party nomination method.

Establishment of 38B.

(1) When conducting party party structures.

nominations, a political party shall (a) establish mechanisms for the resolution of disputes arising out of the nominations; (b) designate the person who shall i ssue nomination certificates to candidates after political party nominations; and (c) prescribe the functions of the body within the political party that shall be responsible for conducting the nominations.

Registered members 38C.

(1) A registered member of a to participate in party political party shall be entitled to participate nominations.

in the nominations conducted by the political party.

(2) A political party that intends to conduct political party nominations under this Act shall use a certified register of members for the nominations.

42 No.

2 2022 Political Parties (Amendment) (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.

(4) The Registrar shall i ssue the political party with a certified copy of the register of the political partys members within seven days aft er the application under subsection (3).

(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.

(6) Notwithstanding the provisions of subsection 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 party.

Access to register.

38D.

A political party shall ensure that the register of members used in party nominations is accessible to the registered members of the party.

Notification on party 38E.

(1) A political party shall, not less nominations.

than ten days before the date of party nominations, notify the Registrar in writing of (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; (b) the date of the party nominations; (c) the venue or venues for the party nominations; and (d) the list of members of the party who wish to be nominated by the party.

43 2^22 Political Parties (Amendment) No.

2 (2) At least seven days before the date of the nominations, the (a) political party shall publish in the offl cial website of the political party the dates and venues of the nominations; and <b) Registrar shall publish in the Registrars website the dates tmd venues of the political partys nominations.

Conduct of dire ct 38F.

(1) A political party that intends part y nominations.

to conduct direct parly nominations shall (a) post in a conspicuous place within each venue where the nominations will be held the list of members of the party who are eligible to participate in the nominations at that venue; and (b) provide at each polling venue essential el ection materials including (i) ballot papers; (ii) ballot boxes; (iii) a copy of the register of the members of the party; (iv) pens; and (v) nomination results slips.

(2) A political party that intends to use direct nomination method shall submit to the Registrar and publish in the partys official website the (a) particulars of the body within the party that shall conduct the nominations; and (b) procedure intended to be used in direct nomination.

Conduct of indire ct 38G.

(1) A political party that intends part y nominations.

to conduct indirect party nominations shall 44 2022 Political Parties (Amendment) No.

2 (a) select delegates who shall participate in the party nominations from among the registered members of the party; (b) submit the list of delegates to the Registrar at least seven days before the date of the party nominations; (c) specify the date and venue of the delegates meeting; (d) specify the polling process used by the delegates during the nominations; (e) specify the mode of interviews; and (f) specify the body within the party that shall conduct the interview s of potential candidates.

(2) The procedure for the selection of delegates to participate in the indirect party nominations shall be provided for in the party nomination rules of the political party.

(3) The list of delegates shall contain the names, addresses and i dentifying particulars of the delegates.

Vetting of candidates.

38H.

A political pcUty conducting party nominations shall ensure that each candidate who is nominated (a) makes and deposits a self declaration form in the prescribed form under the Leadership and Integrity Act, 2012; (b) possesses the qualifi cations to hold the elective offi ce as specifi ed in the Constitution and any other relevant written law; and (c) meets such other requirements as may be prescribed by the constitution and nomination rules of the political party.

45 No.

2 Political Parties (Amendment) 2022 Resolution of party 381.

A political part y shall resolve any nominations disputes.

disputes arising out of the party nominations within thirt y days after the date of the part y nominations.

Amendment of 25.

Section 39 of the principal Act is section 39 of No.

amended in subsection (2) by insert ing the 11 of 2011.

following new paragraph immediately aft er paragraph (b) - (c) The members of the Tribunal shall elect a vice chairperson from among the members who are Advocates of the High Court of Kenya under paragraph (b).

Insertion of new 26.

The principal Act is amended by section 39A in insert ing the following new section No.ll of 2011.

immediately aft er section 39 Appointment of 39A.

(1) At least six months to the date of a general ad hoc members not of the Tribunal.

election, the Judicial Service Commission shall appoint more than eighteen ad hoc members of the Tribunal of whom (a) nine shall be Advocates of the High Court of Kenya of at least seven years standing; and (b) nine shall be professionals with outstanding governance, administrative, social, political, economic and other record.

(2) The ad hoc members of the Tribunal shall hold office for a term not exceeding one year.

(3) The ad hoc members of the Tribunal shall serve under together with the members of the Tribunal appointed section 39 and they shall be responsible to the Chairperson of the Tribunal.

(4) A person shall not be qualified to be appointed isa as an ad hoc member of the Tribunal if that person public officer or holds office in a political party.

(5)A person shall not be qualified for appointment under this section unless the person meets the requirements of chapter six of the Constitution.

Amendment of 27.

Section 40 of the principal Act is amended section 40 of No.

11 of 20 11.

46 No.

2 2022 Political Parties (Amendment) (a) in subsection (1), by (i) deleting the words a political party and a political party appearing in paragraph (b) and substituting therefor the words a political party and the political party; and (ii) by deleting the words party primaries appearing in paragraph (fa) and substituting therefor the words party nominations; (b) by deleting subsection (2) and substituting therefor the following new subsection (2) Notwithstanding subsection (1), the Tribunal shall not hear or determine a dispute under to paragraphs (a), (b), (c), (e) or (fa) unless a party the dispute adduces evidence of an attempt to subject the dispute to the internal political party dispute resolution mechanisms, (c) by inserting the following new subsection immediately aft er subsection (2) (3) A coalition agreement shall provide for internal dispute resolution mechanisms.

Amendment of 28.

Section 41 of the principal Act is amended - section 41 of No.

11 of 20 11.

the (a) in subsection (2), by deleting the words to both Court of Appeal and the Supreme Court and substituting therefor the words to the Court of Appeal and the decision of the Court of Appeal shall be fi nal ; the (b) in subsection (3), by inserting the words but Tribunal shall have the powers of the High Court to punish for any acts or omissions amounting to contempt of the Tribunal immediately aft er the words Magistrates Court.

Amendment of 29.

Section 45 of the principal Act is section 45 of No.

new amended by inserting the following 11 of 20 11.

subsection immediately aft er subsection (1)- (lA) A person who enlists another person to be a member of a political party without obtaining the consent of that other person commits an offence.

47 Political Parties (Amendment) No.

2 2022 Amendment of the 30.

The principal Act is amended in the Second Second Schedule to No.

Il of 20 11.

Schedule by inserting the following new paragraph immediately aft er paragraph 5 5A.

The address of the offi cial website of the political party.

Amendment of 31.

The Elections Act, 2011 is amended No.24 of 20 H.

(a>in section 27, by inserting the following new subsection immediately after subsection (1) (lA) The Registrar of Political Parties shall certify the nomination rules submitted under subsection (1).

(b) by inserting the following new section immediately after section 20 Certification of patty 28A.

<1) A political party that membership lists.

nominates a person for an election under this Act shall, at least fourteen days before submitting the par^ membership list to the Commission under section 28 (1), submit the party membership list to the Registrar of Political Parties f or certification.

(2) The Registry: shall verify the names contmned in the party membership list submitted by a pd itical party under subsection <1) nnd, where the nmnes are of members of ti iat political party , certify the membership list within seven days ^ er receiving the application under subsectitm <I ).

(c) by inserting the following new section immediately aft er section 35 Certifi cati on of 35A.

(1) A political party intending piff ty lists.

to submit a party list to the Commission shall, at least fourteen days before the submission of the party list to the Commission under section 35, submit the party list to the Registrar for certification.

(2) The R^ isft ar shall verity that the names ^ipearing in the ptarty list belong to registered menders of the politic^ party and certify the party list within 48 No.

2 Political Parties (Amendment) 2022 seven days after the application under subsection (1).

(3) Any dispute arising out of the certification of a party list under this section shall be referred to the Political Parties Dispute Tribunal f or determination.

.