By Moses Njagih

Parliament would have the last say on the increased nomination fee proposed by Independent Electoral and Boundaries Commission but this has not calmed the raging storm.

Outrage deepened over the proposed fee announced by IEBC, ranging from Sh50,000 for the lowest elective seat on offer next year, to Sh1million, as it became clear Parliament — which is an interested party — would use its position to shoot down or slash this fee. 

The proposals have thrust IEBC into yet another storm, hot on the heels of a recent controversy sparked by the bungled procurement of electronic voter registration equipment, and eventually yielding to local and international pressure to go back to Biometric Voter Register.

Constitutional Implementation Oversight Committee Chairman Abdikadir Mohammed vowed Parliament will “stand up” for those without the financial capacity to meet the “outrageous” proposals.

“The right to present oneself for election should not be subjected to conditions, worse still on their financial capacity. That is not the intention of the Constitution. Kenyans are very disappointed that a commission of the stature of IEBC can come up with this,” Abdikadir said.

Acting Chairman of Parliament’s Justice and Legal Affairs Committee Njoroge Baiya cautioned IEBC against actions that would portray it as defeating the democratic process.

 “The proposals defeat the objective of a democratic system, which should allow as many Kenyans as possible to contest, not letting the wealthy compete against themselves. These are unreasonable conditions,” declared Baiya.  

Preserve for the rich

Justice Minister Eugene Wamalwa, who will table the guidelines since his is the line ministry, also trashed the proposals.

“We should not make democracy expensive. The issue, however, is developing a proposal that will be discussed in Parliament,” said Wamalwa.

Presidential aspirant Peter Kenneth charged the electoral body should not be in the business of making profits adding the figures were not affordable and could easily turn the electoral positions into a preserve for the rich.

IEBC recommends presidential candidates pay Sh1 million while County Governor candidates and those seeking Senate positions Sh500, 000.

IEBC has clarified County women representatives in the National Assembly will be charged Sh250, 000, although their schedule still stipulates Sh500, 000.

It further proposes National Assembly candidates pay Sh250, 000 while those vying for positions in County Assemblies give Sh50, 000.

But IEBC has discounted fees for youth, women and persons with disabilities for all the positions. Presidential and Governor candidates under this cluster will pay half. Similarly, Parliamentary candidates under the category will pay Sh150, 000 and Sh25, 000 for County Assembly positions.

“IEBC, being an institution that enjoys State funding, should be neutral arbiters of the electoral process but not appear like they are in the core business of collecting revenue,” Kenneth said.

The Planning Assistant minister added the high fees would undermine affirmative action and called for the disabled, youths and women to be exempted from the charges.

Profit centre

“Kenyans want to feel that everything is being made to encourage affirmative action and motivate the marginalised groups. These proposals do not do that,” he said.

The IEBC proposals do not curry favour with ministers either. Higher Education minister Margaret Kamar said the fees should be as low as possible to create a level ground for all candidates. “Most aspirants who have expressed interests have never had Sh500, 000 in their bank accounts. It will be unfair to bar those with leadership skills from elections on grounds that they are unable to pay the fees,” Kamar argued.

Education Minister Mutula Kilonzo termed the proposals unwarranted and an attempt by IEBC to tax Kenyans unfairly through the backdoor. “IEBC is not a profit centre. Elections are fully funded by the taxpayer,” said Mutula.

Process look elitist

Planning minister Wycliffe Oparanya said the commission’s mandate was to organise elections and not solicit money from candidates. “IEBC has already been allocated Sh17 billion by Treasury to conduct the election and they are now asking for more from aspirants. This is watering down the spirit of the Constitution,” said Oparanya.

Roads Minister Franklin Bett added: “The Commission should not make the process look elitist. It should press for fees affordable to all.”

Public Works Assistant minister Mwangi Kiunjuri dismissed the proposals as discriminative, punitive and designed to block peasants from ascending to electoral offices. Mosop MP David Koech said Parliament must reject the huge fees proposed by the electoral body. “We must defend the Constitution which creates a level playing ground for everybody. People should not be locked out from contesting for lack of money,” Koech added.

Youth aspirants

“Rift Valley currently has the highest number of elected women MPs in Parliament but such charges will negate this gain as many other potential leaders would be locked out,” said Mary Kosgei a resident of Eldoret.    

Kieni Constituency parliamentary aspirant Mr Simon Mathenge said the fees would discriminate against poor but popular candidates. “Women and youth aspirants would be the worst victims, while the Constitution makes it a right for any Kenyan to contest a political position, participate in political parties activities as well vote without hindrance,” Mathenge said.

IEBC, however, insists it did not author the fees unilaterally but explains they were arrived at following consultations with ‘stakeholders’.

“The Commission observes the principle of public participation and the requirement for consultation with various stakeholders. Consultation was held vide a meeting with stakeholders and various proposals were made,” IEBC explains.

The commission claims the consultations were helunder Section 26 of the IEBC Act, the electoral body should be independent in performing its mandate.