Campaign spending: MPs reject new rules
Members of Parliament have rejected campaign financing rules imposed by the electoral agency, arguing that they were not formulated in a transparent manner.
The lawmakers yesterday accused the Independent Electoral and Boundaries and Commission (IEBC) of submitting the spending caps to Parliament late to avoid scrutiny.
The Committee on Delegated Legislation is today expected to question IEBC commissioners over the Election Campaign Financing Regulations, 2020, which the agency published on Monday. A report by the committee will inform the fate of the rules and, going by MPs’ protests, their implementation could be scuttled.
MPs accused the Wafula Chebukati-led commission of sitting on the regulations for four years and only submitting them to Parliament on the last day.
Minority Whip Junet Mohamed raised the matter, asking the Speaker to throw them out on account that they are time-barred.
“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. Why wait until the last day?” Mr Mohamed posed.
Majority Leader Amos Kimunya accused IEBC of deliberately bringing the regulations to Parliament late so that they can be rejected to the advantage of certain candidates.
Elections
“The regulations were designed to fail because, by the time the committee considers them and brings a report to the House, the regulations will be time-barred,” Mr Kimunya said.
The commission submitted the regulations to the National Assembly on Thursday last week and, since MPs don’t have sittings on Fridays and Monday, the regulations were technically late by Monday this week, which marked one year to the elections. They ought to have been considered and approved by August 8.
Nyando MP Jared Okelo accused IEBC of setting up parliament against the people.
“We are dealing with inept and incompetent IEBC. They waited till the last day to tell Parliament to help them resolve their own ineptitude,” he said. National Assembly Speaker Justin Muturi said it would be unfair for anyone to claim that it’s the House that had sat on the regulations
“This is a matter that has been with IEBC for the longest time. Coming up with regulations should have been easy,” Mr Muturi said, adding, when IEBC appears before the Committee on Delegated Legislation today, they must prove that they have engaged the public in formulating the rules as required by law.
The committee chaired by Tiaty MP William Kamket will consider the election campaign financing regulations and determine whether they are constitutional.
Under the Standing Orders 210, the committee is also mandated to check whether a proposed legislation infringes on the fundamental rights and freedoms of the public and whether it contains a matter which in the opinion of the committee should more properly be dealt with in an Act of Parliament.
Campaigns
In the regulations which IEBC published in the Kenya Gazette on Monday, expenditure by presidential candidates in campaigns is capped at Sh4.4 billion.
Aspirants for positions of governor, senator, and woman rep will also spend different amounts for different counties. Those in Wajir have a limit of Sh104 million, Garissa Sh89 million, Kitui Sh77 million, Kiambu Sh71 million, Tana River Sh68 million, Kajiado Sh66 million and Mandera Sh65 million
Those in Kilifi will spend no more than Sh62 million, Narok Sh61 million, Kakamega Sh59 million Meru Sh56 million, Bungoma Sh54 million, Machakos Sh53 million, Isiolo Sh50 million, Samburu and Makueni each have a ceiling of Sh45 million.
Those found guilty of breaching the rules will be liable to a fine not exceeding Sh2 million or a term of imprisonment not exceeding five years or both. BY DAILY NATION
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