ADVOKS GLOBAL · KENYA
Political Parties Act
16. Corporate status of political party and declaration of assets, etc.
Edition: 2022-12-31 · In force
16. Corporate status of political party and declaration of assets, etc.
(1)A political party which has been fully registered under this Act shall be a body corporate with perpetual succession and a common seal and shall be capable, in its own name of—(a)acquiring and disposing of property;(b)suing and being sued; and(c)doing or performing all such acts and things as a body corporate may by law do or perform.(2)A political party shall, within sixty days after being issued with a certificate of full registration under section 7, submit to the Registrar a written declaration giving details of all assets and expenditure including, all contributions, donations or pledges of contributions or donations, whether in cash or in kind, made or to be made to the initial assets of the political party by its founding members in respect of the first year of its existence.(3)A declaration submitted to the Registrar under subsection (2) shall—(a)state the sources of all funds and other assets of the political party;(b)contain such other relevant particulars as the Registrar may prescribe; and(c)be supported by a statutory declaration made by the person designated to issue such a declaration by the governing body of the political party.(4)The Registrar shall, within thirty days after the receipt of the declaration required under subsection (2), cause the declaration to be published in the Gazette and in at least one daily newspaper having nationwide circulation and in the political party’s official website.(5)Notwithstanding any other penalty prescribed by this Act or any other written law, the Registrar shall, subject to section 21(2), deregister a political party which—(a)fails to comply with this section; or(b)submits a declaration, which is false in any material particular.(5A)A fully registered political party shall be deregistered if it has not presented a candidate in two consecutive general elections.(5B)Upon deregistration under subsection (5A), the Registrar shall publish a notice in the Gazette and notify the Attorney-General in accordance with section 48, for purposes of winding up of the political party.