Aspirants worried as new election laws start to take effect

Aspirants for the 2017 elections are in a panic mode over new laws that are beginning to take effect, with stringent deadlines to regulate fundraising and campaign financing.

The significance of the tough rules that bar politicians seeking to run in the next General Election from contributing to harambees from December 8 is beginning to sink in.

Even more worrying to thousands of aspirants with low academic qualifications is last week’s move by MPs to pass a law requiring those seeking parliamentary seats to be holders of degree certificates while those seeking to run as Members of County Assemblies (MCAs) must hold post-secondary diploma qualifications.

Another election law which is likely to catch many politicians off-guard requires all those seeking elective positions in 2017 to register authorised people who will manage their campaign finances and campaign bank accounts by December 8 — only four days away.

The authorised persons, according to the regulations, will be in charge of the management of such accounts.

RECEIVE MORE MONEY

The law, that came into effect this year, demands that all contributions to candidates and political party campaigns shall be deposited into this account.

Campaign teams that receive more money than stipulated by the Independent Electoral and Boundaries Commission (IEBC) are required to surrender the balance to the electoral body to avoid stiff penalties, including automatic disqualification from running for office in the next election.

Yet many aspirants appear ignorant of the new regulations, with the December 8 deadline approaching fast. The situation is compounded by the fact that the National Assembly has gone on recess, making it impossible for any amendment to be made to water down or remove the regulations.

On Saturday, ODM chairman John Mbadi admitted that he too was shocked by the new rule on campaign fund managers. “I heard about this thing the other day. I think IEBC needed to have taken an initiative to sensitise concerned parties, even if through an advert. This thing is going to mess people up,” Mr Mbadi said.

He said that ODM is planning a major conference of all aspirants countrywide to sensitise them on the new laws. The ODM chairman said the party’s National Governing Council will meet again tomorrow morning to deliberate on some of the issues and make critical decisions.

Several aspirants have been trooping to Orange House to submit their applications. ODM is the only party that has opened nomination applications for party candidates.

The party’s National Elections Board leader, Ms Judy Pareno, told the Sunday Nation that the response has been overwhelming. “We have received thousands of applications so far. Many are still coming in after we extended our deadlines,” said Ms Pareno.

Jubilee Party also expressed concern over the new deadlines, warning that they may affect many candidates. Party vice- chairman David Murathe asked aspirants to take responsibility and ensure compliance.

“We are rolling out county summits to take charge of elections. They will sensitise candidates and our supporters on the ground. It may be late, but better late than never,” said Mr Murathe.

He said JP has not appointed a Director of Elections yet and called on candidates to tread with care and ensure compliance with all the election laws.

The ban on harambees is likely to affect many Kenyans who had lined up fundraisers beyond December 8 to meet school fees, hospital bills, church projects, school construction and other issues. Most of these harambees were to be presided over by politicians.

DONATED FUNDS

Deputy President William Ruto has, over the past three days, attended five functions and donated funds to various projects in what appears to be a rush to beat the December 8 deadline.

Politicians have traditionally used harambees to showcase their generosity and financial muscle, while many voters use fundraisers to milk aspirants as much as possible. Still, there are many genuine reasons for harambees.

But now many candidates face disqualification from the 2017 elections under section 26 (1) of the Election (Amendment) Act, 2016 if the commission obtains reasonable evidence that they have breached the rules.

However, the law does not bar political parties and candidates from raising funds to facilitate their campaigns through dinners and other stipulated methods.

Currently, Mr Ruto has the record for attending the highest number of fundraisers in Kenya. In the country’s record, former Kanu supremo Joseph Kamotho was listed as having participated in the highest number of fundraisers during the 24-year Nyayo rule, only rivalled by former cabinet minister Oloo Aringo.

Homa Bay county governor Cyprian Awiti, former Nominated MP Mark Too, former National Intelligence Service (NIS) director Sammy Wakiaga, former State House operative Hosea Kiplagat and former cabinet ministers Henry Kosgey, Sam Ongeri and Sharif Nassir are also among prominent fundraisers.

Penalties for those who flout the campaign fund regulations — which include expenditure in excess of set limits — include jail terms of up to five years or a Sh2 million fine.

Many aspirants are yet to form campaign teams. It is also not clear when those still serving in the public service will comply with the said laws.

Under the new laws, presidential candidates are prohibited from spending more than Sh5.2 billion in campaigns.