House team shoots down IEBC's campaign funding rules

The National Assembly Delegated Committee has proposed to annul the draft Election Campaign Financing Regulations, 2021 by the electoral commission which set spending limits.

Gilgil MP Martha Wangari proposed that the committee annuls the regulations, a suggestion unanimously endorsed by the members.

"We cannot allow illegality to pass through this House. The commission has to go back and work," said Funyala MP Oundo Mudenyo.

The committee chaired by William Kamket is now expected to write a report on the regulations.

Members of the National Assembly Delegated Committee decided to slam breaks on the regulations after a meeting with the IEBC bosses led by Wafula Chebukati.

The decision by the Independent Electoral and Boundaries Commission (IEBC) to Gazette the expenditure limits giving effect to the Election Campaign Financing law, 2013 sparked outrage in Parliament.

The regulations cap the election spending by candidates and political parties in next year's polls.

The lawmakers accused the commission of contravening the law by publishing the limits before approval by the House.

Further, the committee ruled that the commission was time-barred.

According to the law, the regulations should have been in place one year to the August 9, 2022, General Election.

The committee accused the commission of trying to set the public against the MPs by insinuating that it was them who have been sitting on the regulations.

IEBC submitted the regulations to the House last week Thursday before they were committed to the committee.

IEBC told the committee that the regulations submitted to the House were the same ones deliberated by the House in the run-up to the 2017 General Election.

"I want to state in clear terms that the commission knows its role and at no time did the commission want to paint Parliament in bad light. There is no mischief on our side," said Mr Chebukati.

He added, "The commission has not changed the regulations save for the dates."

He said their engagement with Justice and Legal Affairs Committee (JLAC) stalled forcing them to remind the House of the regulations suspended in the 2017 polls.

But members of the committee said allowing the regulations would be an illegality since there was no fresh public participation.

Laikipia West MP Patrick Mariru said the commission had made it appear like the MPs were against the regulations yet it acted in violation of the law.

"It should be clear that Parliament is not against the limitation on campaign financing but things have to be done in the right way," he said.

In 2016, the MPs deferred implementation of the law, insisting that the regulations must be in place to enable operationalisation of the same.

Ironically, the proposed changes to the Act by IEBC, the Elections Campaign Financing (Amendment) Bill, 2020 is still lying before the House. The Constitutional Implementation Oversight Committee (CIOC) has also come up with a draft, the Election Campaign Financing (Amendment) Bill, 2021 that has a raft of amendments.

The commission has faulted the MPs for delaying the passage of the law yet it has strict timelines but MPs argued that the law is punitive and seeks to expose their expenditure as well as those who contribute.

They are opposed to their campaign funds being managed by the Campaign Expenditure committees, the capping and disclosure of source of funding, especially the single source more than 20 per cent and lastly, that the excesses should be surrendered to the National Treasury to be donated to charity.

They also argue that IEBC lacks the capacity to oversight all 1883 elective seats campaigns across the county.