Tough new law to clean up elections
PNU supporters at a past rally. A proposed law seeks to eliminate campaign fraud. Photo/FILE
Political bigwigs who use official vehicles or other public resources for campaign during next year’s elections could be jailed for two years or fined Sh1 million.
A tough new law, intended to clean up elections by eliminating bribery of politicians by business people and other special interests is on its way to Parliament.
The Campaign Finance Bill is currently being discussed by the Commission on the Implementation of the Constitution.
The proposed law prescribes harsh penalties for those who infringe financial rules during campaigns.
Public money
It seeks to cap the amount of money a politician can use in an election as well as to slam the door shut on those who use public money, sometimes drawn from the accounts of parastatals, in their campaigns.
The proposed law will apply to party nominations as well, and it will regulate sources of campaign money.
“A Bill for an Act of Parliament to provide for the funding of elections campaigns, to control the use of funds in the nomination process, election campaigns and elections; to provide for the management, spending and accountability of funds during election and referendum campaign,” the draft Bill says from the onset.
Its intention is to bridge the funding gap between political parties, curb corruption, limit the influence of special interests, limit the impact of money on the outcome of elections and force parties to be accountable to members.
“It (the Bill) aims to safeguard against the use of illegal resources to promote interests of candidates or political parties in party nominations and election campaigns,” says the proposed law.
It will apply at national and county levels.
The difficult job of policing and enforcing the clean money law is left to the Independent Electoral and Boundaries Commission (IEBC).
IEBC is required to form a campaign finance committee, chaired by chairman Ahmed Isaack Hassan. (Read: Don't let Kenya down, CJ tells new polls team)
Committee members
Other members to be included in the committee are the Registrar of Political Parties, the Controller of Budget and two IEBC nominees to supervise and administer campaign finances.
The draft Bill proposes to give the committee powers to search the offices of political parties and candidates for documents in the course of its investigations.
It will also have the power to disqualify a candidate from running and bar parties from fielding candidates.
Parties will be required to establish a national party nomination expenditure committee at least six months to an election to make sure candidates obey regulations in their use of funds, prepare party expenditure reports and submit them to the election finance committee.
It will have as members the three top party officials while observing the one-third gender rule.
At the same time, the proposed law requires parties to establish party campaign expenditure committees to ensure the party and its candidates respect expenditure regulations.
