FIRST SCHEDULE
CODE OF CONDUCT FOR POLITICAL PARTIES1.Political parties shall, pursuant to Articles 91 and 92 of the Constitution and section 8 of this Act, subscribe and observe this code of conduct.2.This code of conduct shall regulate the behaviour of members and office holders of political parties, aspiring candidates, candidates and their supporters, promote good governance and eradicate political malpractices.3.Political competition and co-operation shall be regulated under this code of conduct on the basis of rule of law and universally accepted best practices.4.Political parties shall—(a)promote policy alternatives responding to the interests, concerns and needs of the citizens of Kenya;(b)respect and uphold the democratic process as they compete for political power so as to implement their policies;(c)promote consensus building in policy decision making on issues of national importance;(d)develop and implement measures for the progressive realisation of representation and participation of the special interest groups in decision-making organs; and(e)implement the affirmative action programmes, policies and strategies relating to political representation contemplated under Article 27(6) of the Constitution.5.Every political party shall—(a)respect the right of all persons to participate in the political process including special interest groups;(b)respect and promote gender equity and equality, human rights and fundamental freedoms; and(c)be tolerant and inclusive in all their political activities.6.Every political party shall—(a)respect, uphold and defend the Constitution of Kenya;(b)respect and uphold this Act and any other written law relating to elections and political parties;(c)respect, uphold and defend their respective political party Constitutions, political party election rules, political party nomination rules and any other political party rules and regulations developed and agreed upon in accordance with this code of conduct;(d)respect, uphold and promote human dignity, equity, social justice, inclusiveness and non-discrimination and protection of the marginalized;(e)respect, uphold and promote human rights and the rule of law;(f)promote national patriotism and national unity;(g)respect, uphold and promote democratic values and principles, performing inclusive participation of party members and accountable representation in governance for the development of the country;(h)respect, uphold and promote good governance, integrity, respect, tolerance, transparency and accountability;(i)promote co-operation in the political competition;(j)promote sharing and devolution of power and resources;(k)respect, uphold and promote democratic practices through regular free, fair and credible elections within the political party and among others have a democratically elected governing body and political party organs;(l)respect, uphold and promote democratic practices through free, fair and credible political party nominations;(m)respect, uphold and promote leadership and integrity as prescribed in the Constitution of Kenya; and(n)perform transparency and accountability in all its legislation and regulations, structures, procedures and performance.7.A political party shall not—(a)engage in or encourage violence by its members or supporters;(b)engage in or encourage any kind of intimidation of opponents, any other person or any other political party;(c)engage in influence peddling, bribery or any other form of corruption;(d)accept or use illicit or illegal money;(e)accept or use public resources other than those allocated to the political party through the political party fund;(f)advocate hatred that constitutes ethnic incitement, vilification of others or incitement to cause harm;(g)obstruct, disrupt, break-up or in any other way whatsoever interfere with a meeting, rally or demonstration of another political party or its leadership;(h)establish or maintain a para-military force, militia or similar organisation or having any links with such organisations; and(i)use State resources for partisan campaigns.8.A political party shall promote inter-party relations by—(a)ensuring free competition among political parties in respect of different political views and principles;(b)fostering trust and confidence through mechanisms for co-operation;(c)managing and mitigating political differences through constructive dialogue enhancing harmony among the parties; and(d)promoting national reconciliation and building national unity.SECOND SCHEDULE
CONTENTS OF THE CONSTITUTION OR RULES OF A POLITICAL PARTY1.The name of the political party and any abbreviation.2.The logo and symbol of the political party and party colours.3.The objects of the political party.4.Clearly defined vision, mission, guiding principles and values.5.The physical and postal address of the registered office.6.Membership requirements including—(a)the eligibility criteria;(b)subscription fees for joining the party and for being a member of the party;(c)the criteria for resignation from party membership or ceasing to be a member; and(d)the rights and duties of members of the party;(e)membership details to be contained in the register including identification details, region, ethnicity, disability, gender and county;(f)the procedure for conducting the annual general meeting or the other general meetings of the political party, including matters which may only be decided upon by a meeting of the party members or, as the case may be, of the county representatives of the party; and(fa)the requirement for continuous updating of the membership register.7.Governing body requirements—(a)the name of the governing body;(b)the eligibility criteria for election to the governing body;(c)the positions, titles and term of office;(d)the rights and duties of members of the governing body;(e)the procedure for the election of members of the governing body and other political party organs, including committees;(f)guidelines for the operations of the governing body and its committees;(h)frequency of meetings;(i)decision making powers; and(j)guidelines for meetings; procedures of convening meetings; procedure of meetings and the official recording of resolutions passed at meetings.8.A list of political party management structure of the political party and systems to be documented at the political party offices including—(a)the employee details and terms of employment;(b)the party human resource, financial and audit and administration and management policies and procedures; and(c)the party sub-branches within each county.9.The forming of political party branches, including in the diaspora, and their roles and responsibilities.10.The financial structure and system including—(a)the roles and responsibilities of individual political party officials, organs and governing bodies with regard to the finances of the political party;(b)the annual statutory and other audits of accounts of the political party; and(c)the purposes for which the funds may be used, and in particular the prohibition against the distribution of funds among members.11.The general organisation structure and management of the political party, including the county structures and systems and county governing bodies.12.The establishment and management of National Assembly, Senate and County Assemblies Caucuses.13.The disciplinary measures against a member or official of a political party including—(a)the methods and procedure of disciplinary action in accordance with Articles 47 and 50 of the Constitution;(b)possible disciplinary actions and reasons;(c)criteria for various disciplinary actions; and(d)consequences of each action for the national and county levels.14.The right to inspect the books or list of members of the political party by a member of the party or a member of the public.15.The authorized officials of a political party shall sign on behalf of the political party—(a)documents presented to the Registrar including membership register, mergers, and other reports to the Registrar;(b)the accounts and bank accounts of the political party;(c)the audited annual accounts and financial statements of the political party;(d)any report or document of the political party required under this Act or any other written law; and(e)the nomination certificates for any nomination or election of a member of the political party.16.The policy documents which the political party will develop and on which the political party will perform including the manner and procedures in which they will be developed, approved and implemented.17.The policy reporting documents and their regularity which the political party will produce including the manner and the procedures in which they will be developed, approved and publicized.18.Asset management policies and procedures, the custody and investment of the funds and property of the political party, and the designation of the persons responsible for them.19.The political party rules and regulations with respect to—(a)elections of the party officials;(b)nomination of candidates for elections; and(c)nomination of candidates to political party lists.20.Provisions for the amendment of the name, symbol, party colours, constitution, and rules of the political party.21.Rules for mergers including—(a)the circumstances and criteria for mergers; and(b)the procedure and guidelines for such mergers as approved by an annual general meeting of the political party.21A.Rules for entering into coalitions.22.Provisions on dissolution of the political party, including—(a)provisions on the disposal of the property of the political party; and(b)the manner of and procedures to be followed for the dissolution of the political party or any branch of the party.23.Internal party dispute resolution mechanism in accordance with Article 47 and 50 of the Constitution.24.Democratic practices that cover gender, affirmative action for minorities and marginalized groups.25.Reflect democratic practices covering human rights and gender.26.The manner of implementing national values and principles of governance as provided in the Constitution.THIRD SCHEDULE
BASIC REQUIREMENTS FOR COALITION AGREEMENT1.A Coalition agreement shall adhere to the rules and procedures of the political parties relating to the formation of coalitions.2.A coalition agreement shall be sanctioned by the governing body of the political parties entering into the coalition and shall—(a)be in writing and duly executed by authorized national party officials; and(b)be commissioned by a Commissioner of Oaths.3.Coalition agreement shall state—(a)the parties which are members of the coalition;(b)the policies and objectives of the coalition;(c)the overall structure of the coalition;(d)the general organisation structure and management of the coalition, including the county structures and systems and county governing bodies;(e)the criteria or formula for sharing of positions in the coalition structure, roles and responsibilities within the coalition;(f)the coalition election rules;(g)the coalition nomination rules;(h)the decision making structure, rules and procedures;(ha)the process and mechanisms upon which the coalition agreement may be amended;(i)the policy initiation, policy consultation and policy decision making structure, rules and procedures;(j)the Code of Conduct of the coalition including the values and the principles guiding the performance of the individuals and the members parties within the coalition;(k)the dispute resolution mechanisms and procedures;(l)the enforcement and sanction mechanisms and procedures for breach of any of the provisions of the agreement;(m)procedures for appeal to the Tribunal;(n)the role of the governing body and political party organs of the individual member parties of the coalition in the running of the affairs of the coalition including the links and the mechanisms and procedures accordingly;(o)the formula and the mechanisms for sharing of funds from the Political Party Fund to the respective member of the coalition; and(p)the grounds upon which the coalition may be dissolved including the mechanisms and procedures to be followed.FOURTH SCHEDULE
OATH OF OFFICE/SOLEMN AFFIRMATION OF REGISTRAR OF POLITICAL PARTIES/ASSISTANT REGISTRAR OF POLITICAL PARTIES/CHAIRPERSON AND MEMBERS OF THE POLITICAL PARTIES DISPUTES TRIBUNALI............................................ having been appointed as................................. do solemnly (swear/declare and affirm) that I will at all times obey, respect and uphold the Constitution of Kenya and all other laws of the Republic of Kenya, and that I will faithfully and fully, impartially and to the best of my ability, discharge the trust and perform the functions and exercise the powers devolving upon me by virtue of this appointment without fear, favour, bias, affection, ill-will or prejudice.(So help me God).Sworn/declared by the said..............Before me this............. day of.......................................................Chief JusticeSIXTH SCHEDULE
PROCEDURES FOR APPOINTMENT OF THE REGISTRAR AND ASSISTANT REGISTRARS1.The Public Service Commission shall, within seven days of its appointment and whenever a vacancy arises, by notice in the Gazette, in at least two newspapers of national circulation and in at least two radio and television stations with national coverage, invite applications for the positions of the Registrar and the Assistant Registrar.2.The Public Service Commission shall, within seven days of the end of the period prescribed for receipt of applications under paragraph 1, consider the applications, shortlist qualified applicants and interview the shortlisted applicants.3.The Public Service Commission shall conduct the interviews under paragraph 2 in public.4.The Public Service Commission shall, following the conclusion of the interviews under paragraph 2, nominate and forward to the President the names of three nominees for appointment to the Office of Registrar of Political Parties and the names of nine nominees for appointment to the office of Assistant Registrar.5.The President shall, within fourteen days of receipt of the names of the nominees under paragraph 4, nominate one of the three persons for appointment to the Office of Registrar of Political Parties and three persons for appointment as Assistant Registrar of Political Parties and forward the names of the nominees to the National Assembly for approval.6.The National Assembly shall, within twenty one days of the receipt of the names of the nominees under paragraph 5, consider the nominees and approve or reject the nominations.7.Where the National Assembly approves the nominations, the Clerk of the National Assembly shall, within three days of the approval, forward the name of the approved persons to the President for appointment.8.Where a name is forwarded to the President under paragraph 7, the President shall, within seven days of receipt of the name, by notice in the Gazette, appoint the person as Registrar of Political Parties or as Assistant Registrar of Political Parties.9.Where the National Assembly rejects the name of a nominee, the Clerk of the National Assembly shall, within three days of the rejection, communicate the decision of the National Assembly to the President who shall submit a fresh nomination from among the persons nominated under paragraph 4.10.If the National Assembly rejects a subsequent nomination under paragraph 9, the provisions of paragraphs 1 to 9 shall, with necessary modifications, apply to the process of nomination and approval of a new nominee.11.In shortlisting, nominating, approving or appointing the Registrar or the Assistant Registrars, the Public Service Commission, the National Assembly, and the President shall ensure that the appointments reflect the regional and ethnic diversity of the people of Kenya and that not more than two-thirds of the appointees are of the same gender.
