Chapter 7: REPRESENTATION OF THE PEOPLEPart 3 — POLITICAL PARTIES

Article 91. Basic requirements for political parties

Navigate this chapter (12 articles)

• 81. General principles for the electoral system
• 82. Legislation on elections
• 83. Registration as a vote
• 84. Candidates for election and political parties to comply with code of conduct
• 85. Eligibility to stand as an independent candidate
• 86. Voting
• 87. Electoral disputes
• 88. Independent Electoral and Boundaries Commission
• 89. Delimitation of electoral units
• 90. Allocation of party list seats
• 91. Basic requirements for political parties (current)
• 92. Legislation on political parties

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In this Chapter

Official Constitutional Text

91. (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.

Plain English Explanation

This is a simplified summary to explain this article in clear language. It is not the legal text of the Constitution.

Article 91 of the Kenyan Constitution establishes strict operational rules and ethical codes that all political parties must follow to be legally recognized. It mandates that every party must maintain a truly national identity, be run by a democratically elected leadership group, and actively promote national unity, gender equality, and the inclusion of minority groups. Under this law, parties are required to hold regular internal elections and strictly observe the official political code of conduct. Conversely, the article places absolute bans on forming parties based on race, religion, tribe, or gender, and completely outlaws the promotion of hatred, violence, or intimidation. Finally, it strictly prohibits political parties from establishing private militias, engaging in bribery, or using government property and public resources to campaign for their candidates.