Unregulated campaign spending fuels post-election corruption

IEBC Chair Wafula Chebukati (left) flanked by CEO Marjan Hussein before the National Assembly Committee on Delegated Legislation at Parliament, Nairobi, to shed light on the draft election campaign financing regulations on Wednesday, August 11, 2021. [David Njaaga, Standard]

Election campaign spending has been growing exponentially since the 2013 General Election, which was the first election following the promulgation of the 2010 Constitution.

Candidates have been engaging in high-octane and flashy political campaigns made possible by contributions from corporations, business elites, families and friends, among others. The use of helicopters to move from one location to another has become the norm for most candidates both at the county and national levels. When it comes to election campaigns, political candidates have been parading and projecting themselves as a people of means, capable of providing instant solutions to service delivery problems and financial needs of the electorate.

When voted into office they drive such expensive vehicles that create a citizen perception that “money is not a problem” because every time they are asked, the response they give is a positive one. It is at this point that they seek, by all means, to recover the expense incurred during the political campaigns in addition to sustaining a life of affluence.

Elections in this country have become highly competitive because of the power, prestige and benefits attached to elected office. The winner-take-all that our system is, in which those who win tend to exclude the losers completely, has created a do-or-die environment around political competition. This has increased the costs of running for elective office and has consequences for political and social economic development. Similarly, the increased willingness of the private sector players to participate in partisan politics through funding of political parties and candidates has exposed the winners of elective positions to manipulation and sometimes total capture to serve sectarian interests instead of prioritising service delivery for the benefit of the people.

Election campaign fundraising and spending has been largely unregulated. The hope of taming this menace was dashed when the High Court suspended implementation of the Election Campaign Financing Act 2013, which provided a framework for political candidates and parties to receive only regulated contributions, to form campaign finance committees, and to account for funds received.

The IEBC drafted rules that covered the candidate selection process, donation and spending limits, bookkeeping and disclosure requirements and provision for enforcement of regulations. But the Election Campaign Finance Act requires that campaign finance rules must be in place at least a year before the General Election.

In November 2021, the National Assembly annulled in their entirety the Campaign Financing Regulations gazetted by IEBC in August 2021. The regulations had capped campaign spending for presidential candidates at Sh4.4 billion while political parties were given up to Sh17.7 billion for campaigns. Single source contribution to candidates or parties was also limited to 20 per cent of the respective schedules. Effectively, after the annulment of these regulations the politicians were handed a blank cheque subject to manipulation and abuse.

Unregulated flows of money in the funding of political parties and election campaigns threaten key democratic principles and values.  When politicians and political parties focus more on financiers than public interests and needs, service delivery is compromised for political expediency. A lack of information on how much money parties raise and how they spend it only serves to harm the integrity and accountability of political processes and institutions.

Until we are able to regulate our election campaign fundraising and spending, Kenyans’ post-election interests will always be subservient to those of political merchants through corruption and patronage.