CHAPTER 258
POLITICAL PARTIES ACT

[SUBSIDIARY LEGISLATION]

INDEX TO SUBSIDIARY LEGISLATION

   REGULATIONS

      The Political Parties (Registration) Regulations

REGULATIONS

THE POLITICAL PARTIES (REGISTRATION) REGULATIONS

(Section 22)

ARRANGEMENT OF REGULATIONS

   Regulation

Title

   1.   Citation.

   2.   Interpretation.

   3.   Application for provisional registration.

   4.   Application for full registration.

   5.   Notice of change of office-bearers.

   6.   Notice of change of office or postal address.

   7.   Application to change name, etc., of party.

   8.   Notification of change of name, etc., of party.

   9.   Register of particulars of parties.

   10.   Notice of cancellation of registration.

   11.   Record of moneys.

   12.   Annual accounts.

   13.   Returns and reports.

   14.   Notices to be signed by two office-bearers.

   15.   Notice of Registrar to be sent by registered post.

   16.   Offences and penalties.

SCHEDULES

THE POLITICAL PARTIES (REGISTRATION) REGULATIONS

(Section 22)

[1st July, 1992]

G.N. No. 111 of 1992

1.   Citation

   These Regulations may be cited as the Political Parties (Registration) Regulations, and shall apply throughout the United Republic.

2.   Interpretation

   In these Regulations–

   "Act" means the Political Parties Act *;

   "Assistant Registrar" means an Assistant Registrar appointed under section 5 of the Act;

   "party" means a political party provisionally or fully registered under the Act;

   "register" means the register of political parties kept by the Registrar for registering political parties;

   "Registrar" means the Registrar of Political Parties appointed under section 4 and includes the Deputy Registrar and an Assistant Registrar.

3.   Application for provisional registration

   (1) Any person applying for the provisional registration of a party shall submit to the Registrar an application in Form PP. 1 in duplicate with two copies of the constitution and rules of the party, and two founding members of the party shall subscribe a declaration in support of the application in Form PP. 2.

   (2) The Registrar on receipt of the application made under paragraph (1) of this regulation shall scrutinize the same and shall within thirty days of receipt of a valid application issue a certificate of provisional registration on payment of the prescribed fees if he is satisfied that the prescribed conditions for such registration have been fulfilled.

   (3) The certificate of provisional registration of a political party shall be in the Form PP. 3.

4.   Application for full registration

   (1) Any person applying for full registration of a party shall submit to the Registrar an application in Form PP. 4 in duplicate, and two office-bearers of the party shall subscribe a declaration in support of the application in Form PP. 5.

   (2) The Registrar on receipt of the application made under paragraph (1) of this Regulation shall scrutinize the same and may issue a certificate of full registration on payment of the prescribed fees if he is satisfied that the conditions prescribed for such registration have been fulfilled.

   (3) The certificate of full registration of a Party shall be issued in Form PP. 6.

5.   Notice of change of office-bearers

   (1) Where any office-bearer of a registered party ceases to hold office or any person is appointed to be an office-bearer of a registered party, such registered party shall within fourteen days send notice thereof to the Registrar.

   (2) Every notice sent under the provisions of paragraph (1) of this Regulation shall be in the form set out in Form PP. 7 in the First Schedule hereto and shall be in duplicate.

6.   Notice of change of office or postal address

   (1) Where any registered party changes the location of its head office or changes its postal address it shall within fourteen days send notice thereof to the Registrar.

   (2) Every notice sent under the provisions of paragraph (1) of this Regulation shall be in one of the forms set out as Forms PP. 8 and PP. 9 in the First Schedule hereto, whichever may be appropriate, and shall be in duplicate.

7.   Application to change name, etc., of party

   (1) A registered party shall apply for the prior approval in writing of the Registrar if it intends to–

   (a)   change its name; or

   (b)   become a branch or an affiliate of any organisation or group of a political nature established outside the United Republic.

   (2) Where any registered party amends any provision of its constitution or any of its rules it shall, within fourteen days, send notice thereof to the Registrar.

   (3) Any registered party desiring to obtain approval under paragraph (1) of this Regulation shall apply to the Registrar in duplicate using Form PP. 10 set out in the First Schedule. The Registrar shall give notice in writing to such party of his decision.

   (4) A notification of a change in any provision of the constitution or any rule of a party shall within fourteen days be made in duplicate using Form PP. 11 set out in the First Schedule.

   (5) The Registrar shall refuse any application by a registered party to change its name where the proposed name–

   (a)   is identical to that of any other existing registered party; or

   (b)   so nearly resembles the name of such other registered party as, in the opinion of the Registrar, to be likely to deceive, mislead or confuse the public or the members of either party; or

   (c)   is, in the opinion of the Registrar, undesirable; or

   (d)   is prohibited under section 12(1) of the Act or under any other written law.

   (6) Subject to paragraph (7), the Registrar may, in his discretion, refuse any application by a registered party to become a branch of or an affiliate to any organisation or group of a political nature established outside the United Republic.

   (7) The Registrar shall, prior to refusing any application, notify his intention and reasons to the party concerned and shall give it the opportunity to submit reasons, if any, why the application should not be refused.

8.   Notification of change of name, etc., of party

   Every registered party which–

   (a)   changes its name; or

   (b)   become a branch of or affiliated to or connected with any organisation or group established outside the United Republic,

shall, within fourteen days from the date of such change or of becoming a branch, affiliated or connected as aforesaid, send to the Registrar notice thereof in duplicate in one of the forms set out as Forms PP. 13 and PP. 14 in the First Schedule hereto, whichever may be appropriate.

9.   Register of particulars of parties

   (1) The Registrar shall maintain a register for recording any information furnished to him in compliance with the Act and these Regulations.

   (2) Where the name of a registered party is changed, the Registrar shall issue a fresh certificate of registration upon the original certificate being surrendered to him unless its absence is accounted for to his satisfaction.

   (3) Where an application is made for the full registration of a party the applicants shall surrender the certificate of provisional registration to the Registrar unless they account for its absence to his satisfaction.

   (4) The register prescribed under this Regulation shall be in the form set out in the Third Schedule.

10.   Notice of cancellation of registration

   Where under section 15 of the Act the Registrar cancels the registration of a party he shall give notice to the party of such cancellation in the form set out as Form PP. 15 in the First Schedule hereto.

11.   Record of moneys received by party

   (1) Every fully registered party which receives money from any source within or outside the United Republic, whether by way of fees, contributions, interest or return on any investment, subventions, donations or any other source whatsoever shall keep one or more books of account in which shall be entered details of all moneys received and payments made by the party.

   (2) Every fully registered party shall disclose to the Registrar any funds or other resources obtained by the party from sources outside the United Republic in the form set out as Form PP. 16 in the First Schedule hereto.

12.   Annual accounts

   (1) Every party which has been fully registered shall submit to the Registrar, not later than six months after the end of its financial year, a copy of the annual audited accounts and an audit report relating to those accounts.

   (2) The accounts referred to in paragraph (1) of this Regulation shall be accompanied by a statement in duplicate in the form set out as Form PP. 17 in the First Schedule hereto.

13.   Returns and reports

   (1) The Registrar may at any time require a party to submit to him any return or report relating to the constitution, objects, office-bearers and membership as well as the finances of the party.

   (2) Every office-bearer and every person managing or assisting in the management of a party shall forthwith comply with any requirement made by the Registrar under paragraph (1) of this Regulation.

14.   Notices to be signed by two office-bearers

   Every notice, application, statement or other document required under the Act or these Regulations to be furnished or sent to the Registrar shall be signed by at least two office-bearers of the party.

15.   Notice of Registrar to be sent by registered post

   Any notice which the Registrar is required under these Regulations to give to to be sent any party shall be deemed to have been given by to such party if sent by registered post addressed to the party at its postal address.

16.   Offences and penalties

   In the event of a breach by any party of the provisions of Regulation 6, 7, 8, 11, 12 or 13, every office-bearer of the party concerned shall be guilty of an offence and shall be liable on conviction to a fine not exceeding thirty thousand shillings or to imprisonment for a term not exceeding six months or to both such fine and imprisonment.

FIRST SCHEDULE
FORMS

FORM PP. 1
APPLICATION FOR PROVISIONAL REGISTRATION OF A POLITICAL PARTY

The Political Parties (Registration) Regulations

(Regulation 3)

   Application is hereby made for provisional registration of ............................................... (name of political party) under the Political Parties Act (hereinafter called "the party").

1.   The principal office of the political party is situated at ......................................................
..................................................................................................................................

2.   The postal address of the political party is ......................................................................
..................................................................................................................................

3.   We annex hereto marked "A" two true copies of the constitution and rules or by-laws of the party.

4.   We annex hereto marked "B" a form of declaration which we have made to the best of our knowledge, information and belief.

Dated this ......................... day of ......................... 20.......

   Name and signatures of two founding members:

(1) .................................................. (Name)
................................................. (Signature)
(2) .................................................. (Name)
.................................................. (Signature)

Note:   The attention of the applicants is drawn to the need to complete and submit FORM PP. 2 to indicate their compliance with the provisions of section 9 of the Political Parties Act.

FORM PP. 2
DECLARATION IN SUPPORT OF AN APPLICATION FOR PROVISIONAL REGISTRATION OF A POLITICAL PARTY

The Political Parties (Registration) Regulations

(Regulation 3)

   We, the founding members, whose signatures are subscribed, do hereby solemnly declare as follows:

   1. That the constitution and policy of our party–

   (a)   does not advocate or further the interests of–

      (i)   any religious belief or group; or

      (ii)   any tribal, ethnic or racial group; or

      (iii)   only a specific area within any part of the United Republic;

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