Kenya

Overview of the Act

• Total Sections: 51

• Objective:
  To provide for the registration, regulation, and funding of political parties, and for other connected purposes.

• Note:
  The Act does not explicitly define political violence or outline specific forms of violence or protected persons. However, as it pertains to political parties, it can be inferred to apply to any member of a political party.

Structure of the Act

The Act includes provisions related to:

• Title, commencement, and interpretation

• Formation and registration of political parties

• Conditions for registration and deregistration

• Party constitutions, coalitions, and mergers

• Rights, privileges, and corporate status of political parties

• Political party funding (Political Parties Fund, sources, and uses)

• Financial transparency and audits

• Oversight and regulation by the Office of the Registrar

• Dispute resolution through the Political Parties Disputes Tribunal

• Offences, penalties, and enforcement mechanisms

• Schedules detailing party conduct, constitutional requirements, coalitions, oaths of office, and appointments

Relevant Schedules

• First Schedule: Code of Conduct for Political Parties

• Second Schedule: Required contents of political party constitutions

• Third Schedule: Minimum requirements for coalition agreements

• Fourth Schedule: Oath of Office for all roles covered under the Act

• Sixth Schedule: Appointment procedures for the Registrar and Assistant Registrars

• Seventh Schedule: Procedures for the Selection Committee

Five Key Features of the Act

1. Gender Representation Requirements for Registration

• Section 7(2)(b) and (c):
  A party must reflect gender balance among its members and governing body to qualify for full registration.

• Section 7(2)(d):
  No more than two-thirds of the governing body may be composed of the same gender.

2. Conditions for Deregistration of Political Parties

• Section 21(1)(a):
  The Registrar may deregister a political party if it breaches Article 91 of the Constitution.

• Relevant Constitutional Provisions (Article 91):
  91(1)(e): Parties must respect all persons' right to participate, regardless of gender
  91(1)(f): Parties must promote gender equality and equity
  91(2)(a): Parties must not be founded on or promote hatred based on gender
  91(2)(b): Parties must not promote violence or intimidation

3. Use of the Political Parties Fund

• Section 26(1)(a)–(b):
  Funds may be used to:
  Promote the representation of women and minorities in Parliament
  Support active participation of all citizens in political life

4. Investigative Powers of the Registrar

• Section 34:
  The Registrar may investigate complaints under this Act, which can be interpreted to include political violence complaints related to party operations.

5. Offences and Penalties

• Section 46:
  Establishes penalties for offences committed under this Act. While political violence is not explicitly defined as an offence, relevant conduct may be penalized if covered under broader provisions.