The Political Parties Act outlines the process and requirements for the registration of political parties in Kenya. The Registrar of Political Parties oversees the registration and regulation of political parties.
Basic Requirements for Forming a Political Party
A political party in Kenya must:
- Have a national character (presence in more than half of Kenya’s counties).
- Have a democratically elected governing body.
- Promote national unity and democratic principles.
- Respect human rights, fundamental freedoms, and gender equality.
- Uphold the Constitution and the rule of law.
- Not be founded on religious, ethnic, racial, linguistic, gender, or regional basis.
- Not engage in violence, bribery, corruption, or maintain a paramilitary force.
- Not misuse public resources for political activities.
Stages of Political Party Registration
The registration process is two-stage:
- Provisional Registration
- Full Registration
1. Provisional Registration of a Political Party
A political party must first obtain provisional registration before applying for full registration.
Application for Provisional Registration
The application must:
- Be in writing and signed by the founding members (not more than two-thirds of one gender).
- Include minutes of the first meeting of the founding members.
- Provide the proposed name and abbreviation of the party.
- Include a copy of the party’s Constitution.
- Include an undertaking to abide by the Political Parties Act and its Code of Conduct.
- Pay the prescribed registration fee.
Provisional Registration Process
- The Registrar of Political Parties publishes a notice in the Kenya Gazette and at least two newspapers inviting objections within 14 days.
- If there are no valid objections, the party is issued a Certificate of Provisional Registration within 30 days.
Rights of a Provisionally Registered Party
A provisionally registered political party can:
- Hold meetings and recruit members nationwide.
- Receive State protection and access State-owned media.
Limitations:
- It cannot participate in elections or nominate candidates.
- The party must apply for full registration within 180 days, or its registration lapses.
2. Full Registration of a Political Party
A provisionally registered political party must apply for full registration within 180 days.
Conditions for Full Registration
To qualify for full registration, the party must:
- Have at least 1,000 registered members in more than half of the counties.
- Reflect regional and ethnic diversity, gender balance, and representation of special interest groups.
- Ensure that no more than two-thirds of the governing body are of the same gender.
- Submit to the Registrar:
- A list of names, addresses, and ID details of all members.
- The location of its headquarters (must be in Kenya).
- A list of branch offices in more than half of the counties.
- A breakdown of membership by special interest groups (women, youth, and persons with disabilities).
- Adhere to Chapter Six of the Constitution on Leadership and Integrity.
Disqualifications for Party Leadership
A person cannot serve in the governing body of a political party if they:
- Are bankrupt.
- Have been convicted of a criminal offense and sentenced to six months or more in prison.
- Have violated the party’s Code of Conduct and been suspended for six months.
- Have failed to meet the integrity requirements under the Constitution.
Issuance of Full Registration Certificate
- The Registrar of Political Parties issues a Certificate of Full Registration within 30 days if the party meets all requirements.
Restrictions on Political Party Names and Symbols
The Registrar may reject a political party’s application if its:
- Name, abbreviation, or symbol is obscene, offensive, or too similar to another registered party or organization.
- Name is identical to an existing registered party.
Public Officers and Political Parties
- Public officers cannot be founding members or hold office in a political party.
- Exceptions: The President, Deputy President, MPs, Governors, Deputy Governors, and MCAs can be members of political parties.
Conclusion
The registration of political parties in Kenya is a rigorous process aimed at ensuring transparency, democracy, and inclusivity. A political party must meet constitutional requirements and adhere to governance principles before obtaining full registration.
