Legislators seeks to put break on campaign financing proposal
The National Assembly has sought to put break on 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.
National Assembly Speaker Justin Muturi said 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.
“You will agree with me that these are not just ordinary regulations, which may be the reason Parliament provided that they be submitted to the House in draft form for approval before they are published in the Gazette,” the Speaker said.
He argued that even as the Act stipulates the timelines necessary for the approval of the said regulations, the Statutory Instruments Act provides for the ultimate process and procedure for consideration of regulations.
In the Election Campaign Financing Regulations 2020 tabled in the National Assembly yesterday will require a political party, candidate or any of the authorised persons shall open a bank account in a Kenyan financial institution for the sole purpose of the political parties elections campaigns or the candidate’s electoral campaign or referendum campaign.
Candidates will also be required to give information on their donors, including
proxies.
The regulations include details on sources of contributions, names of individuals and authorised persons to prepare a record of contributions as well as manage the campaign finances and records of expenditure.
According to IEBC, the new regulations seek to operationalise the Election Campaign Financing Act, 2013, which was suspended in the 2017 General Election.
In case a candidate dies or withdrawals, the account shall be closed after all unpaid
claims and surplus electoral funds, have been dealt with and a copy of the bank
statement submitted to the IEBC.
A candidate or a political party that fails to disclose the funds or donations shall be disqualified.
“Where the proxy does not disclose or is unable to disclose the information required under this regulation, then the contribution shall be treated as anonymous,” read the regulations.
Any political party or candidate flouting the regulations is liable to a fine not exceeding Sh2 million or a term of imprisonment not exceeding five years or to both.
Muturi informed members that the regulations were crucial as they are expected to provide for, among other things, the spending limits for the different elections; guidelines for expenditure rules for political parties and independent candidates; and the manner in which contributions may be made.
He directed the committee on Delegated Legislation chaired by Tiaty MP William Kamket to consider the same.
“I urge the committee to expedite the process of consideration of the draft regulations and table its report soonest to enable the House to undertake the necessary approval processes in good time,” he said.
