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