No. 42 of 2013
LAWS OF KENYA
[Rev. 2012]
No. 42 of 2013
No. 42 of 2013
ELECTION CAMPAIGN FINANCING ACT
ARRANGEMENT OF SECTIONS
PART I PRELIMINARY
Section
1.
2.
Short title.
Interpretation.
3.
4.
21.
22.
23.
24.
Dispute resolution.
Offences.
Offences by a candidate, a political party or a referendum committee.
General penalty.
25.
26.
27.
28.
29.
PART VI MISCELLANEOUS
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NO. 42 OF 2013
ELECTION CAMPAIGN FINANCING ACT
[Date of assent: 24th December, 2013.]
[Date of commencement: 10th January, 2014.]
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
PART I PRELIMINARY
1. Short title
This Act may be cited as the Election Campaign Financing Act, 2013.
2. Interpretation
(1) In this Act, unless the context otherwise 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 Boundaries
Commission established under Article 88 of the 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;
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(g)
(h)
(i)
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(2) In performing its functions under subsection (1), the Commission may act
in consultation with the Registrar.
4. Powers of the Commission
(1) The Commission shall have the power to 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 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.
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(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
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open a party expenditure committee account into which all the money
in respect of the election campaign of that party shall be deposited;
be signatories to the party expenditure committee account;
advise the political party on all financial matters related to the party
nomination or to the party campaign expenditure;
manage the party expenditure committee account of the political party
and keep the books of account updated and available for inspection;
and
receive party nomination and campaign expenditure reports from
each party candidate;
monitor the campaign expenditure of the party candidate and ensure
that the party candidate complies with party nomination and campaign
expenditure rules;
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
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. Independent candidate expenditure committee
(1) An independent candidate intending to contest in an election, shall,
constitute an independent candidate 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;
(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.
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(5) The expenditure reports submitted under subsections (1)(b), (2), (3), and
(4) shall include records showing all transactions and income and expenditure
statement.
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PART VI MISCELLANEOUS
25. Registration and dissolution of expenditure committees
(1) The Commission shall prescribe the procedures for the registration and
dissolution of expenditure committees.
(2) The expenditure committees shall stand dissolved on submission of the
final expenditure reports referred to in section 10.
26. Records
(1) 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.
27. Audit of accounts
The Auditor-General may, on the request of the Commission, audit the accounts
relating to the campaign expenses of a candidate, a political party or a referendum
committee.
28. Claims and objections
(1) A person who objects to any matter related to campaign finance
expenditures submitted by a candidate, political party or a referendum committee
may file a claim to the Commission in the prescribed form and manner and within
the prescribed time.
(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.
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