Members of Parliament have threatened to reject the campaign financing proposal tabled by the Independent Electoral and Boundaries Commission (IEBC).
The electoral agency proposed tough campaign finance rules which is geared to cap the spending limits for different elections, guidelines for expenditure rules for political parties and independent candidates and the manner in which contributions may be made.
The matter was brought before the house by the Minority whip in the National Assembly, Junet Mohammed who wanted the speaker to rule against the regulations questioning the timing of their presentation in parliament.
“The electoral commission was aware that the next General Election was to be held on August 9,2022. They were aware that people would campaign and they need money. They were also aware that they needed to submit the regulations to parliament for approval,” said Mohammed.
The legislators argued that electoral agency did not submit the regulations within the required timelines as the Election Campaign Financing Act, 2013 requires.
They accused the electoral body of trying to drive a wedge between parliament and the public.
Majority leader Amos Kinyua accused IEBC of deliberately bringing the regulations to parliament late so that they can be rejected to the advantage of certain candidates.
House Speaker, Justin Muturi, allowed for the processing of the regulations by the relevant committee and subsequent presentation of a report in parliament where a final decision will be made by members after debate.
“It is not good practice for the Speaker to withdraw business referred to the House. That is why I would want the committee to make a decision one way or another. It is also not fair for anybody to suggest that this House has sat on any regulations. Should anybody feel the need to shorten the time for consideration of the regulation, they can approach the Justice and Legal Affairs Committee to kick start the process,” he said.
The committee on Delegated Legislation chaired by Tiaty MP William Kamket was directed to consider the election campaign financing regulations and determine whether they are constitutional.
In sections 12, 18 and 19 of the Act empower the commission to set limits for contributions and expenditure by candidates and political parties participating in an election, at least 12 months before the election.
IEBC submitted the regulations to the National Assembly on Thursady last week making them late since MPs don’t have sittings on Monday and Fridays.
Monday this week marked exactly one year to the General Elections.
The electoral agency announced a new campaign financing limits for political candidates and political parties planning to contest any political office in 2022.
In a Gazette Notice, the new campaign financing limits, imposes contribution and spending ceilings for candidates.
“The IEBC gives notice and publishes the contributions and spending limits, including the total amount that a candidate or political party may receive and spend during the expenditure period,” read part of the notice.
According to the notice, a presidential candidate will be allowed to spend a maximum of Sh.4.4 billion for their 2022 campaigns.
For county election, the spending limit is guided by the geographical size and population of the specific region.
Turkana County has the highest spending limit at Sh.123 million followed by Nairobi County at Sh.117 million and Marsabit Sh.114 million.
Other counties with high spending limit are Garissa (Sh88.7 million), Kitui (Sh77.8 million), Kiambu (Sh71.9 million) and Nakuru (Sh72.2 million).
Lamu County has the least spending limit at Sh.21 million followed by Tharaka Nithi (Sh.23 million), Elgeyo Marakwet (Sh.25 million).
The expenditure for political parties has also been limited to Sh17.7 billion, with caps for specific items including transportation (Sh11.8 billion), advertising and media (Sh1.8 billion), election agents (Sh11.5 billion).
On the contribution limits, the Gazette Notice indicates that a political party cannot receive more than 20 per cent of its total contributions from a single source.
A candidate or political party committee which exceeds the prescribed spending limits and fails to report this fact to the electoral commission commits an offence under the Election Financing Act and is liable to a fine not exceeding Sh.2 million or a term of imprisonment not exceeding five years or to both.
Further, the electoral agency also directed public officers seeking elective positions must resign by February 9, 2022.