The Political Parties Act, 2011 provides for the registration, regulation and funding of political parties. There are two steps of registering a political party
- Provisional registration. Applicants are required to:
•Name Search: Name, symbol and colour.
•Provide Party Constitution.
•Submit Minutes of the founding members.
•Sign Code of Conduct.
•Submit written application filed in the prescribed form.
•Pay prescribed fee (Ksh. 100,000.00) in bankers cheque.
- Full registration Requirements:
•1000 members in at least 24 counties: regional diversity, gender, minorities and marginalized
•Governing body: 2/3 gender principle; Chapter 6 of the Constitution; Integrity test in accordance with the Leadership and Integrity Act, 2012.; List of names address and IDs of members
•Location and address of Head Office and at least 24 county offices
•Duly signed Code of conduct
•Prescribed fee (Ksh. 500,000.00) in bankers cheque
The fees payable to the Office of the Registrar:
- Search fee – Kshs. 500.00
- Provisional registration – Kshs. 100,000.00
- Full registration – Kshs. 500,000.00
When applicants want to register a political party, the name chosen must not be:
- Obscene or offensive;
- Excessively long;
- Is the name, or is an abbreviation of another political party that is already registered;
- Nearly resembles the name, or an abbreviation of the name of another political party already registered or any other legal entity registered under other law.
Once a political party has receiving a certificate of full registration it can participate in any subsequent election. A party should however note the election timelines as set out by the Independent Electoral and Boundaries Commission.
No. A provisionally registered political party is prohibited from participating in any election including fielding candidates, campaigning for or against any candidate or holding any public meetings.
No. A person can only be a member of one political party. Once a person’s name has been entered into the membership register of a political party, the person becomes a member of that party until such a time when the name is removed and entered into the register of another political party.
A member of a political party can stand for election as an independent candidate after submitting a resignation letter to the party and/or Registrar. The Constitution provides that a person can stand as an independent candidate if he/she is not a member of any political party three months before the Election Day.
In general, a merger means where two or more political parties consolidate their operations and become one political party. The Political Parties Act, 2011 provides for the merging of political parties where the parties dissolve and a new party is formed.
The Act provides that where political parties intend to merge they deposit with the Registrar of Political Parties the following documents:
- the merger agreement
- documentation showing that the rules and procedure of the merging political parties have been followed
- minutes of the meeting of the governing bodies of the merging political parties sanctioning the merger.
The political party then receives a letter of confirmation from the Registrar and a certificate of full registration is issued.
The merged parties are then deregistered and their registers, assets and liabilities are transferred to the new party.
Political parties have established internal dispute resolution mechanisms within their own structures. This is often found in their party constitutions and/or nomination rules. The political parties therefore, begin the process of dispute resolution within these established mechanisms.
Where a dispute has not been resolved internally, the political party or their members have various options available to them. These are:
- The Political Parties Disputes Tribunal
- The Nomination Dispute Resolution Committee (IEBC)
- The High Court
The Political Parties Disputes Tribunal is a judicial body established under the Political Parties Act. The Tribunal has the mandate of hearing:
- Disputes between members of a political party;
- Disputes between a member of a political party and a political party;
- Disputes between political parties;
- Disputes between an independent candidate and a political party;
- Disputes between coalition partners; and
- Appeals from decisions of the Registrar.
The Political Parties Act establishes the Political Parties Liaison Committee at the national and county level. It is made up of the Registrar of Political Parties, the Independent Electoral and Boundaries Commission and all fully registered political parties. Its role is to provide a platform for dialogue between the Registrar, IEBC and political parties.
Sixty (60) fully registered political Parties
Political parties that meet the threshold provided under Sec 25(2) of the PPA 2011 are eligible for funding for the political parties fund. They also get their funding from donations, membership contributions and other lawful sources.
Party officials are the governing officials of political parties. The criteria for electing officials is set out in the party constitution and/or rules in accordance with the second schedule of the PPA.
The PPA provides that a party must maintain a head office and branch offices in at least 24 counties.
The core function of the office of the registrar of political parties as provided under Section 34 of the Act includes to register, regulate, monitor, investigate and supervise political parties to ensure compliance with the law. The office has performed its functions with the available experienced staff. Further, in the performance of its functions the office works with other implementation partners such as the Independent Electoral Boundaries commission, the Auditor General, The police service, the attorney general and Parliament.
Submit you resignation letter to the party with which you registered. Also submit a copy of the letter, attached with a copy of National ID/ Passport to the Registrar. Your name will be struck off from the party records.