Representation of the people

Political Parties

Article 91: Basic requirement for political parties

(1) Every political party shall–

(a) have a national character as prescribed by an Act of Parliament;
(b) have a democratically elected governing body;
(c) promote and uphold national unity;
(d) abide by the democratic principles of good governance,promote and practise democracy through regular, fair and free elections within the party;
(e) respect the right of all persons to participate in the political process, including minorities and marginalised groups;
(f) respect and promote human rights and fundamental freedoms, and gender equality and equity;
(g) promote the objects and principles of this Constitution and the rule of law; and
(h) subscribe to and observe the code of conduct for political parties.

(2) A political party shall not–

(a) be founded on a religious, linguistic, racial, ethnic, gender or regional basis or seek to engage in advocacy of hatred on any such basis;
(b) engage in or encourage violence by, or intimidation of, its members, supporters, opponents or any other person;
(c) establish or maintain a paramilitary force, militia or similar organisation;
(d) engage in bribery or other forms of corruption; or
(e) except as is provided under this Chapter or by an Act of Parliament, accept or use public resources to promote its interests or its candidates in elections.

Article 92: Legislation on political parties

Parliament shall enact legislation to provide for–

(a) the reasonable and equitable allocation of airtime, by State-owned and other specified categories of broadcasting media, to political parties either generally or during election campaigns;
(b) the regulation of freedom to broadcast in order to ensure fair election campaigning;
(c) the regulation of political parties;
(d) the roles and functions of political parties;
(e) the registration and supervision of political parties;
(f) the establishment and management of a political parties fund;
(g) the accounts and audit of political parties;
(h) restrictions on the use of public resources to promote the interests of political parties; and
(i) any other matters necessary for the management of politcal parties.

Read: Kenyan Constitution: Chapter Seven, Part 2, Article 90

About Juma

Juma Fredrick is an enthusiastic journalist who believes that journalism has power to change the world either negatively or positively depending on how one uses it.(020) 528 0222 or Email: [email protected]

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