MPs slash nominations fees for elections

By Peter Opiyo

Parliament has forced through changes to election rules that make it easier for everyone, including leaders of questionable integrity, to run for office.

Those seeking elective posts in next year’s General Election can now breathe easy after the National Assembly removed many of the hurdles to eligibility. Members of Parliament lowered the fees payable to the Independent Electoral and Boundaries Commission by nominees and scrapped requirements for clearance by several independent bodies.

The changes, however, require the youth, women and persons with disability to pay the same fees as older, able-bodied men if they want to compete for a seat in the National Assembly.

MPs sat late into the evening, Thursday, to drastically reduce the nomination fees set by IEBC and remove rules that would have required candidates to be cleared by State institutions. If approved, the amended Elections Regulations will now see those seeking the presidential ticket pay a nomination fee of Sh200,000 to IEBC, down from a proposed Sh1 million.

Women, youth and the disabled will pay Sh100,000 to run for president, instead of the Sh500,000 recommended by IEBC.

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All candidates who want to be County Governors and Senators, whether members of these groups or not, will pay Sh100,000.

Proposals to have nominees cleared by Kenya Revenue Authority, Kenya Police Service and Higher Education Loans Board were opposed by MPs who say getting clearance would be a logistical nightmare and would discriminate against young university graduates.

There had been similar provisions in the Leadership and Integrity Bill drafted by the Commission for the Implementation of the Constitution (CIC).

These were, however, removed by the Cabinet and not reinstated by Parliament when passing the law. CIC has since gone to court arguing the Leadership and Integrity Act is unconstitutional and very weak.

Hostile colleagues

On Thursday, nominated MP Amina Abdalla, through her Committee on Delegated Legislation, tried to introduce the requirements in the Regulations but met with hostility from her colleagues, forcing her to withdraw the amendments. The provision for vetting was then replaced by the requirement that candidates submit a self-declaration form that contains their personal details, educational background and disclosures of any crimes committed. This idea came from Kitutu Masaba MP Walter Nyambati who said using such a form was in line with the provisions of the Leadership Act. Joint Government Chief Whip Jakoyo Midiwo said acquiring some of the certificates would be a logistical nightmare.

“Some of these things, like the Certificate of Good Conduct are not (available) in Siaya (County) where I come from,” Midiwo said. “How will somebody from that area get it in time?”

Justice Minister Eugene Wamalwa, Ntoitha M’Mithiaru (Igembe North), Mithika Linturi (Igembe South) and Millie Odhiambo (nominated) argued getting the clearance from the three State bodies would be chaotic.

Transport Minister Amos Kimunya said the vetting mechanisms proposed by IEBC are not part of existing laws and would lock out young graduates.

“Students who have just cleared university and have not even started servicing their education loans would be locked out,” he argued. “If it is not in the Elections Act, why would we put it in the Regulations?”

MPs also argued that setting high nomination fees would lock out many candidates. “We cannot allow the presidency to be a preserve of?millionaires,” said Ikolomani MP, Boni Khalwale.

His sentiments were shared by Ms Abdalla who said she understands IEBC needs the money to process the nominations, but pointed out the huge increase was unfair.

Those seeking to be MPs in the National Assembly will be required to part with Sh20,000, down from the IEBC’s proposed fees of Sh250,000. Women, youth and disabled candidates will pay the same amount.

Candidates for County Assemblies will pay Sh5,000, down from the IEBC’s proposed fee of Sh50,000 while the disabled, women and youth seeking to get into the same assemblies will be required to pay Sh2,500 down from Sh25,000.

The Regulations also require that Diaspora voters would only participate in the Presidential election or a referendum. “A Kenya citizen residing outside Kenya shall only participate in a presidential election or a referendum,” states the regulations. But Khalwale said the provision, included to avoid logistical difficulties, might be subjected to legal challenges.

Kenyans in Diaspora

Wamalwa agreed the matter could be challenged, but said it was progressive and that, with time, Kenyans abroad would have the opportunity to vote for all the candidates.

“We must accept there will be challenges but it has to be progressive. For a start we can go with the presidential. Having all the other positions would be a logistical nightmare,” said Mr Wamalwa.

The Constitution allows Kenyans in the Diaspora to vote. Article 82(1) (e) says: “Parliament shall enact legislation to provide for the progressive registration of citizens residing outside Kenya, and the progressive realisation of their rights to vote.”

This would be the first time Kenyans living abroad would vote. MPs also made amendments to the Regulations to allow Kenyans living abroad to register using the Kenyan passport only. Rangwe MP, Martin Ogindo proposed the deletion of the requirement of a National Identity Card for registration.

In the Regulations IEBC shall, at regular intervals, publish the names of countries in which registration and voting are scheduled to take place. Such decisions would be based on the precincts of a Kenyan embassy, High Commission or Consulate.