THE POLITICAL PARTIES

(AMENDMENT) ACT 2022):

TIMELINES AND HIGHLIGHTS

Summary of the Political Parties

(Amendment)
Act 2022 and Election timeline

MUCHUI, MURIUKI AND ATIENO ADVOCATES LLP

& KONRAD ADENAUER STIFTUNG
HIGHLIGHTS OF THE AMENDMENTS TO POLITICAL PARTIES ACT:
The following new legal perspectives have been introduced to form a new or refined laws on the manner and
conduct of political parties.
New Definitions:

Political party is defined as an association of citizens with an identifiable ideology or programme

that is constituted for the purpose of influencing public policy or nominating
candidates to contest elections; and with the new changes, includes a coalition
political party.

Coalition political
party
is a group of political parties that come together to collaborate and is registered by
the Registrar as a political party.

is one of the two methods of conducting nominations where a preliminary election

Direct party is held and voters decide their party’s candidates. The law requires that one get to be
nomination registered in that political party to become a member before he/she can be involved
in internal party elections of MCAs, MPs, Governor, Women Representative, and
Senator. Once elected, the candidate then faces off with others candidates from
other political parties.

Indirect party
nomination Is the other method of nomination and is based on consensus building or selection
by delegation or any other way that is lawful.

Statement of
ideology Is a statement setting out the doctrine, ethical ideals and principles of the party.

The definition “party primary” has been deleted in the new law and replaced with party nominations.
A party primary was previously defined by the law as “the process through which a political party
elects or selects its candidates for a forthcoming general election or for a forthcoming by-election”

Requirements of one to contest for an elective position in a political party

The amended law provides that, for you to contest for an elective position in a political party, you must:

1. 2. 3.

AGE FEES RULES

Have attained the Pay the party’s Comply with any

age of eighteen membership other requirements
years; fees; as prescribed by
the party

1.
 Coalition political party

This new concept as The amended law That a coalition Two or more political A coalition agreement
introduced means further provides a
that parties in a political party shall parties may form a entered into after an
framework for the submit the coalition coalition or a coalition
coalition can register election shall be
governance of a agreement at least political party before
their coalition with deposited with the
the Registrar as a coalition political 120 days before a or after an election Registrar within
Political Parties. The party including the general election (3 and shall deposit the twenty-one days of
law provides that the fact that a member of months to elections). coalition agreement the signing of the
Registrar shall, upon a coalition shall not be with the Registrar. coalition agreement.
receiving the coalition a member of another
agreement for the coalition.
formation of a
coalition political
party, issue the
coalition political
party with a certificate
of full registration.

The law requires that a party establishes mechanisms for resolution of disputes
arising from party nominations and to designate the person who shall issue
Party
certificates to candidates after party nominations. Additionally, a party is required
Structures
to identify functions of the body within the party that is responsible for conducting

Party nominations.

A whole legal provision has been introduced to deal with party nominations. It consists of new sections on political party nomina-
tions including methods of conducting nominations; the establishment of structures by political parties for the conduct of
nominations; the participation of registered members of a political party in its nominations.

It further provides a methodology that will help in accessing the register of members of the political party during the political
party’s nominations; the procedure for the conduct of direct and indirect party nominations; the vetting of candidates contesting
party nominations; and the period within which political party nomination disputes should be resolved by the political party.

2.
 METHODS OF CONDUCTING NOMINATIONS:

Rights of Registered Rights of Registered

Members to Participate Members to Participate in
in Nominations Nominations
3. 4.

Vetting of Candidates and Publication of Nomination

2. 5.
the needful requirements Dates on Website
METHODS OF
CONDUCTING
NOMINATIONS:
Notifications with regard
6. to Party nominations
1.
Direct Party Nomination
procedures.
7.
Resolution of nomination
disputes

1. Direct Party Nomination procedures.

The law provides for direct nominations where if a party intends to conduct direct nominations, it is obligated to
post in a conspicuous place within each venue of nominations the certified list of members eligible to participate
in nominations at that venue; provide ballot boxes, ballot papers, pens and copies of certified register of members;
nomination result slips.

A party intending to conduct direct nominations is to submit to the registrar and publish on its website, the
particulars of the body within the party that is to conduct the nominations and the procedure to be used in the
direct nominations.

3.
The procedure here is that a party through its delegates, selects candidates to award the nomination certificate to. A party
intending to carry out indirect nominations is to:

specify the body within the select delegates who shall

party that shall conduct the participate in the party
f. a.
interviews of potential nominations from among the
candidates. registered members of the
party ;

A party intending to submit the list of delegates to

specify the mode of interviews e. carry out indirect the Registrar at least seven
b.
nominations is to: days before the date of the
party nominations

specify the polling process specify the date and venue of

used by the delegates during d. c.
the delegates’ meeting
the nominations.

The procedure for selection of delegates to participate in indirect nominations is to be provided for in the party nomination rules.
The list of those delegates shall contain names, addresses and identifying particulars of the individual delegates.

2. Vetting of Candidates and the needful requirements

A party conducting nominations is to ensure that each nominated candidate makes and deposits self-declaration forms under the
Integrity and Leadership Act or law, meets all constitutional and statutory qualifications including education, and chapter six
qualifications and meets other requirements prescribed by law and nomination rules.

3. Rights of Registered Members to Participate in Nominations

Under section 38C, registered members of a party are entitled to participate in nominations carried by the party. A party
intending to carry out nominations is required to use a certified register of members. The party is to apply in writing to the
registrar for a certified copy of the register, at least 21 days before the date of nominations and the registrar is to supply the
certified register within 7 days after the application. Non-party members are prohibited from participating in the nominations
of a party. This will curb the instances of malicious people whose aim is to meddle with the affairs of Party Nominations.

4. Publication of Nomination Dates on Website

At least 7 days before the day of the nominations, political parties must publish on their website the dates and venues of the
party nominations.

The registrar is also to publish the date and venues of a party’s nominations on the registrar’s website at least 7 days before the
day of nominations.

4.
Activity Statutory Timeline Deadline Date

End of Fundraising by Political Aspirants 8 months before elections 9th December 2021

Resignation of Public Officers intending to stand 6 months before elections 9th February 2022
for Political posts

Submitting nomination rules to the IEBC and the 6 months before elections 9th February 2022
ORPP

Voter registration by IEBC Should be continuous as per the Current phase 8th February
Constitution and Elections Act to 28th February 2022

Submission of Party Membership Lists to the At least 14 days before submission 26th March 2022
ORPP to the commission

Submission of Party Membership list to the IEBC 120 days before General Election or 9th April 2022
45 days before by-election

Submission of Coalition Agreement to ORPP for 120 days before General Election 9th April 2022
registration of coalition political party

Submission of names of candidates for party 21 days before nomination 9th April 2022
nominations to IEBC

Party to request ORPP for a certified register At least 21 days before the date of
Party Nominations

ORPP to submit a certified register to a political Within 7 days of receipt of the

party request

Publishing on official party website of the date, At least 7days before the date of 11th April 2022
venue, procedure to be used in direct nomination party nominations
and particulars of party organ to conduct direct
nominations

IEBC to Gazette of Candidates and Dates for Within 7 days of receipt of the 16th April 2022
Party Nominations names

Notification and submission to the ORPP of the At least 10 days before the day of
date, venue, procedure to be used in direct the party nominations
nomination, particulars of party organ to conduct
direct nominations, list of delegates for parties
using indirect nomination and list of members of
party who wish to be nominated by the party as
regards the party nominations

Party to post list of in a nomination venue the list Prior to nomination date
of party members qualified to participate in the
direct nominations at that venue

As prescribed by the Nomination

Party Nominations Rules of each Political Party, Political 22nd April 2022
Parties Act and ORPP.

Submission to IEBC names of persons nominated As prescribed by IEBC Election 28th April 2022
in to contest in the election Operation plan 2021

Independent candidates to quit registered As prescribed by IEBC Election

political parties & submit to IEBC their names, 2nd May 2022
Operation plan 2021
letter of intent to vie, clearance from ORPP and
symbols

Submission of Political Party Symbols , Names Started on 16th January 2022 6th May 2022
and Specimen Signatures of Political Party
Authorized persons to Certify Nominations of
Political Party Candidates and Nominated
Candidates

5.
 Activity Statutory Timeline Deadline Date

Submission of coalition agreement to ORPP for 120 days before election 8th May 2022
a pre-election election

Resolution of disputes arising from party Within 30 days after the date of the 11th May 2022
nominations nominations

Submission of assets and liabilities to ORPP 90 days before general elections 11th May 2022

IEBC to publish list of independent candidates As prescribed by IEBC Election 13th May 2022
Operation plan 2021

Independent Candidates to present names of As prescribed by IEBC Election 23rd May 2022
2000 supporters. Operation plan 2021

Start of Official Campaigns As prescribed by IEBC Election 30th May 2022

Operation plan 2021

Nomination of Senate Elections At least 60 days before 2nd June 2022

General elections

Nomination of National Assembly At least 60 days before 2nd June 2022

General elections

Nomination of County Women Representatives At least 60 days before 6th June 2022
General elections

Nomination of Presidential Candidates At least 60 days before 10th June 2022

General elections

Nomination of Gubernatorial Elections At least 60 days before 10th June 2022

General elections

Nomination for CAW Representative Elections At least 60 days before 10th June 2022
General elections

Submission of Party-Lists to the ORPP (Special At least 14 days before submission 11th June 2022
MPs, Senators and MCAs) to the commission.

Lodging and settlement of Disputes arising from 10 days from lodging 20th June 2022
Nominations

Submission of Party-Lists to the IEBC (Special At least 45 days before the date of 25th June 2022
MPs, Senators and MCAs) the General Election

Official Campaign Close As prescribed by IEBC Election 6th August 2022

Operation plan 2021

Notable decisions from the Courts:

The Court of Appeal on 8th February 2022 affirmed the specific provisions of the Elections Act 2011 which stipulate that
Public Officers who wish to contest in the general elections should resign 6 months to the election. This position was upheld
by Justice Musinga, Justice Karanja and Justice Murgor in Civil Appeal No.19 of 2017.

6.
Current Opinion(s):
From the foregoing legal requirements, it is evident that there are some timelines that have already been complied with by
Political Parties and Aspirants which include:

Resignation Submission

Resignation from office 6 months before Submission of Nomination Rules by

the General Election by those who wish to Political Parties to the ORPP
contest in it;

Parties will be bound to adhere to the strict timelines provided by the IEBC and ORPP in order to ensure the coordination
of the electoral process amongst the stakeholders. In order to achieve this internally, Political Parties will be required to set
up the various structures required to manage the Party Nominations, disputes and Candidates.

However, there are some overlapping timelines that may require adjustments by the Office of the Registrar of Political
Parties and the Independent Election and Boundaries Commission. This is due to the introduction of Coalition Parties by the
amendments discussed earlier. The submission of the Coalition Agreements occurs in May which is close to two months
after the submission of the nomination rules in February. This may necessitate the ORPP to guide the Coalition Party on
how provide Nomination Rules that cater for Coalition Parties.

Conclusion:

The amendments appear well intended/robust and helps to streamline the various Political Parties and national elections
processes that is unfolding in light of the political context in Kenya.

7.
 5. Notifications with regard to Party nominations

At least 10 days before the date of a party’s nominations, the party is to notify the registrar in writing of:

The method it intends to use in conducting

party nominations, which method shall be in
accordance with the nomination rules of the
political party
Notifications with regard to

The date of the party nominations

Party nominations

The venue or venues for the party nominations

The list of members of the party who wish to

be nominated by the party.

5. Resolution of nomination disputes

The law currently and of now, requires parties to resolve disputes arising from nominations within 30days after the nominations
are conducted.

Other provisions that you need to know about:

That the amended law requires parties to submit their nomination rules, this time round, certified by the Registrar of Political
Parties to the IEBC at least 6 months before elections.

For certification to be done in time, the new law also requires parties to submit to the registrar party membership lists at least
14 days before submitting the same to the commission.

8.
 Konrad-Adenauer-Stiftung e. V.
Foundation Office Kenya
1 Thigiri Hilltop, Off Thigiri Ridge Road,
P.O.Box 66471-00800 Nairobi
Kenya