Interpretation in this act, unless the context otherwise requires adult has the meaning assigned to it in article 260 of the constitution. Challenges and opportunities september 2011 background from the 1950s through to the 1970s, decolonization swept across africa. For many years, there was no specific law governing political parties in. They should not be confused with associations, federations, and social clubs. Kenya had over 160 registered political parties as of november 2007.
The political parties act stipulates that political parties can form coalitions before the election, while according to article 91. Political parties strategy for gender equality in candidate. An act of parliament to provide for the conduct of elections to the office of the president, the national assembly, the senate, county governor and county assembly. Political party financing and equal participation of women. Political parties and democratic consolidation in nigerias fourth republic akubo, a. Political party financing and equal participation of women in kenyan.
With the lapse of the registration period set out in the political parties act on 30 april 2012. Following the implementation of several political parties acts starting with the 31 december 2008 act, the number of political parties has been coming down considerably since. Basic requirements for political parties kenya law. The political parties act in a nutshell registrar of political parties. Annexure d political parties registration and regulation of affairs, etc. Nomination for political party candidate for county governor. The african union and kenyas constitutionbuilding process mugambi laibuta introduction since kenya s independence in 1963, the countrys constitution has been amended many times. This chapter discusses in brief the highlights of the main instruments that relate to the operation of parties in kenya from two broad. Act, 2011 draft prepared by committee headed by justice m. Under changes to that act approved by tanzanias parliament, a new regulator would be responsible for monitoring a swath of activities carried out by political parties. Violence and coercion became a common means of changing.
The elections act, 2011 kenya download pdf an act of parliament to provide for the conduct of elections to the office of the president, the national assembly, the senate, county governor and county assembly. This aspect of the process embodies undeniable opportunities and challenges at the time of writing, lara natalini was a research fellow at the africa institute of south africa. In this act, unless the context otherwise requires. The principal act is amended by deleting section deletion of section 19 of no. The connection between political finance and gender, beyond regulations. Political parties bill, 2011 5 the political parties bill, 2011 a bill for an act of parliament to provide for the registration, regulation and funding of political parties and for connected purposes enacted by the parliament of kenya as follows part ipreliminary short title and commencement. Defeat of tanzanian democracy feared as political curbs. The national gender and equality commission act, 2011 1 the national gender and equality commission act, 2011 arrangement of sections sections part i preliminary 1short title. The sources of moneys in the fund are from allocations made by the minister of finances in the annual budget and contributions and donations from other sources.
Regrettably, the elections represent a major setback in kenya s democratic development. The trust deed stipulates the activities that the trust can engage in. A citizen of kenya who has attained the age of eighteen years may, subject to the provisions of this act and any other written law, contest for an elective position in. As of 2007, there were more than 160 registered political parties in kenya.
This act may be cited as the political parties short title. A political party is a team of men seeking to control the governing. The political parties act 2007, 28 established a political parties fund administered by the registrar of political parties. Some political leaders have disputed the results because the figures are less than they expected, or the number of the residents in their regions have reduced like in the case of ikolomani. Political parties nomination process an assault to democracy. Political parties act roggkenya reporting on good governance. A country analysis economic and political changes that have taken place in tanzania over the last fifteen years have all aimed at transforming governance in the country. Must be a holder of a degree from a university recognized in kenya 7. I1 of 19 and substituting therefor the following new section 2011. An act of parliament to provide for the conduct of elections to the office of the president, the national. Annexure d political parties registration and regulation. A wellknown definition of political parties comes from the american political scientist antony downs, who wrote.
Legal framework for political parties in selected countries of sub. Constitution of kenya, 2010 5 part 3 political parties 91basic requirements for political parties. The political parties registrar issued certificates of registration to 38 political parties which had complied with the requirements of the political parties act the act before the december 31. Name, address, national identity number and name of office of. Election report kenya 2017 general and presidential. Chapter eightthe legislature part 1establishment and role of parliament 93establishment of parliament. This report presents findings from a study on political party financing and equal participation of women in kenyan electoral politics, which was conducted as part of. While freedom was greeted with euphoria in many places, it could not mask the deep political instability that often accompanied independence. Parties and electoral politics in kenya, 19922002 karuti kanyinga 96 4 the politics of alliance building in kenya. The political parties act an act to provide for terms, conditions and the procedure for the registration of political parties and for related matters. However with the implementation of several political parties acts which came on the 31 december 2008 act, the number was drastically reduced and on 30 april 2012, twentyfour political parties were issued registration certificates while 22 others had applied for registration. The political parties act, 2011 4 the political parties act, 2011 an act of parliament to provide for the registration, regulation and funding of political parties, and for connected purposes. The political parties act 2011 in this act referred amendment of section 2 of no. The effect of this amendment was that all political power in kenya was vested in the ruling party, the kenya african national union kanu.
Thereby parties, such as the sinn fein, have not sworn an oath of allegiance. It first governed as the tanganyika african national union, before merging with the afroshirazi party to. Signed political parties code of conduct s chedule one signed minutes of the first meeting of the founding members of the political party ksh 100,000 bankers cheque payable to the registrar of political parties. Part iii of the political parties act 2011 regulates the funding and. The political parties act, 2011 provides the institutional, legal and regulatory framework for registration, regulation and funding of political parties in. Governance in its broadest sense covers not only political institutions and processes of the state, but also. However, a society cannot function as a political party until it is registered in accordance with the provisions of the political parties act and meets the requirements set out under article 91 of the constitution sec. Asingo 15 2 the rise and fall of the autocratic state in kenya c.
Laws of kenya the media act chapter 411b revised edition 2009 2007 published by the national council for law reporting with the authority of the attorney general. Venkatachalaih an act to regulate the constitution, functioning, funding, accounts, audit, and other affairs of and concerning political parties participating in elections. Until the passage of the political parties act 2007 the registration of political parties as corporate entities was undertaken by the registrar of societies under the societies act cap 108, while registration with the electoral commission of kenya eck was undertaken for each election as a formality necessary for administrative purposes. Enacted by the parliament of kenya, as follows part ipreliminary short title and commencement. Enacted by the parliament of kenya, as follows part ipreliminary 1. Checklist for application for full registration under section 5 and 7 of the political parties act 2011 form pp 4 i n duplicate. Popular version of political parties act undp in kenya. Klrc has an additional mandate of preparing new legislation to give effect to the constitution. Odhiambombai 51 3 limitations of political liberalization.
The registrar may refuse an application for the registration of a political party if the name of the political party, the abbreviation of. The african union and kenyas constitutionbuilding process. Published by the national council for law reporting with the authority of. Under the act, political parties have legal personality and therefore can sue, be sued and own property, among other functions. This act may be cited as the political parties act. The role of political parties at the local government level. Political parties nomination process an assault to. The interface between law and politics keynote address cape town 27 august 2010 kate oregan justice of the constitutional court 1994 2009 i introduction the constitution of the united states of america is 7000 words long. The country operates under a dominant multi party system with the ruling party being in power since the nation attained its independence in 1961. An act of parliament to repeal the employment act, declare and define the fundamental rights of employees, to provide basic conditions of employment of employees, to regulate employment of children, and to provide for matters connected with the foregoing. This act may be cited as the political parties act, 2011 and shall come into operation on such date as the minister may, by notice in the gazette, appoint.
Gazette notice the constitution of kenya the elections act no. Consolidated from the 2016 gazetted version and the 2017 gazetted amendments by reporting on good governance in kenya. Political parties are a special form of social organisation. Institutionalizing friedrich e b er t stiftung fes p o. The political parties act, 2011 provides the institutional, legal and regulatory framework for registration, regulation and funding of political parties in kenya. Part ii establishment and status of commission 3establishment of the commission. According to kenyas 2011 political parties act, direct public funding is available. These amendments had the result of reinforcing and concentrating more political power under the control of the central government. The act is the primary legal reference for management of political parties in accordance with articles 91 and 92 of the kenya constitution 2010.
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