What penalties are envisioned for offences related to unlawful conduct of campaign financing?
Kenya
Answer
Both fine and imprisonment
Source
The Elections Act No. 24 of 2011
Date of Commencement: 2nd December,2011 http://www.kenyalaw.org/klr/index.php?id=242
Part iv ElectionOffences
68. (1) Except as authorised under this Act or any other written law, a candidate, referendum committee or other person shall not use public resources for the purpose of campaigning during an election or a referendum.
(2) For the purposes of this section, the Commission shall, in writing require any candidate, who is a member of Parliament, a county governor, a deputy county governor or a member of a county assembly, to state the facilities attached to the candidate or any equipment normally in the custody of the candidate by virtue of that office.
(3) A person who is requested to supply information required under subsection (2) shall submit the information within a period of fourteen days from the date of the notice.
(4) The provisions of subsection (2) shall apply with necessary modifications, to an employee of a statutory corporation or of a company in which the Government owns a controlling interest.
(5) A person who fails to comply with the provisions of this section commits an offence and is liable on conviction to a fine not exceeding two million shillings or imprisonment for a term not exceeding six years or to both.
Comment
A person who fails to comply with the provisions of this section commits an offence and is liable on conviction to a fine not exceeding two million shillings or imprisonment for a term not exceeding six years or to both.
