IEBC sets tough new finance rules ahead of 2022 elections

If you are planning to contest any political office next year, the Independent Electoral Commission has set new tough rules for you.

You must, among other things open campaign financing accounts, financing-expenditure committees and appoint authorised persons who will manage campaign funds, at least two months before elections.

The new rules are contained in the Campaign Financing Act 2013 which IEBC hopes to enforce ahead of the 2022 General Election scheduled for August 9 next year.

The good news is that the commission has drastically slashed campaign spending for parties and candidates as it unveiled a Sh40 billion poll budget.

In the new campaign financing limits published on Monday, the IEBC  reduced the spending by presidential candidates from Sh5.2 billion to Sh4.4 billion

The spending limit is guided by the geographical size and population of a specific region

Limits must be approved by Parliament.

However, political parties will have their ceiling raised from Sh15 billion set in 2017 to Sh17.7 billion. The major parties will battle fiercely for numbers.

Parties participating in next year's polls are allowed to spend Sh11 billion for transport, Sh1.8 billion for advertising, Sh945 million for administrative costs and Sh1.5 billion for poll agents.

According to the Gazette notice published on Monday, Sh780 million will go to publicity materials, Sh156 million for nomination fees, Sh243 million for campaign personnel and Sh274 million for venues.

IEBC chairman Wafula Chebukati, meantime, said the commission needs at least Sh40.9 billion for the general election.

Speaking during a workshop with editors, Chebukati described the amount as the "bare minimum", despite concerns the cost of elections keeps soaring.

"The Sh40.9 billion budget requirement is the bare minimum as per the electoral activities in the legal framework," Chebukati said.

In the 2022 campaign spending figures released on Monday, governors, senators and woman representatives will be allowed to spend a maximum of Sh123 million, down from Sh432 million allowed in 2017.

This means besides the presidential elections, campaigns for election for the three seats will be the second-most expensive.

Chebukati said of the amount, Sh40.3 billion would be spent on election operations such as voter registration.

About Sh588 million would be spent on procuring items for Covid-19 prevention, such as thermal guns, sanitiser, soap and washing points

However, ANC leader Musalia Mudavadi faulted the regulations, saying they potentially paint elections as a rich-only affair.

The former vice president said elections should not be so expensive that they lock out young politicians.

"We have seen the IEBC notice and when you look at it, especially those figures, we are scaring away young people, Mudavadi said.

He went on, "We should not make politics a preserve of those with money. Money alone should not be used as a qualification for leadership.”

The figures show that running for governor, senator and woman representative in Turkana will be the most expensive county election, with a ceiling of Sh123 million.

Nairobi county, which in 2017 had the highest county limit with Sh432 million, has its ceiling slashed to Sh117 million. It's followed by Marsabit allocated a limit of Sh114 million

Lamu county has the lowest spending limit of Sh21 million, followed by Tharaka Nithi (Sh.23 million) and Elgeyo Marakwet (Sh25 million).

Candidates bidding for Mombasa governor, for instance, are limited to Sh39 million, down from Sh129 million for 2017.

Aspirants in Kakamega county are also set for a drastic reduction in spending limits from Sh228 million to Sh59 million.

Kakamega governor Wycliffe Oparanya said the amounts could be too little considering the campaign work involved. He termed the figures a 'big joke.'

“A figure like Sh59 million for Kakamega is very little, even for logistics only. That is the range you are likely to spend for the hiring of vehicle, fuel, and campaign teams alone,” he said.

The county chief said that from his two campaigns in the county, a minimum would be about Sh150 million.

“We have 12 constituencies and 60 wards in Kakamega. If you are a governor candidate, you are also likely to support candidates at the wards, constituencies and even woman rep and senator races,” Oparanya said.

Wajir governor candidates will be allowed up to Sh103 million, making it one of the most expensive electoral areas followed, by Garissa with a Sh88 million cap.

It is also more expensive to campaign in Kitui with a Sh77 million cap. Nakuru's cap is at Sh72 million and Kiambu's at 71 million.

Campaign spending for Tana River county chief was capped at Sh68 million, Sh66 million for Kajiado and Sh62 million for Kilifi.

However, MP candidates may have leeway to raise and spend more as most constituencies are having their limits raised.

Aspirants for Marsabit's North Horr MP will be allowed to spend as much as Sh94 million, up from the Sh33 million in 2017.

Despite the IEBC setting ceilings, there are concerns the commission lacks teeth.

ELGIA (Electoral Law and Governance Institute for Africa) executive director Felix Odhiambo on Monday said the IEBC may not be able to clamp down on errant candidates.

That's because it would be managing six elections, enforcing the Elections Code of Conduct and preparing for a credible 2022 General Election.

“Coming one year to the elections, time is running out for putting in place enforcement mechanisms. It will be a challenge. It is even a problem in other jurisdictions,” the polls expert said.

He went on, “The country is way behind in enacting the law since it ought to have been in place by 2011. The question is, do we have the infrastructure in place to enforce the law?”

MP aspirants in Nairobi are expected to spend more towards facilitating their campaign, going by the IEBC estimated maximum expenditure.

A similar pattern plays out in constituencies straddling Narok, Kajiado, Samburu, Turkana, Northeastern and coastal areas.

Wajir South MP aspirants will be allowed a maximum Sh64 million, Laisamis (Sh54 million), Fafi (Sh45 million), Ijara (Sh38 million), Moyale (Sh33.4 million), Wajir West (Sh30.6 million), Mandera South (Sh27 million), and Mandera North Sh26 million.

Turkana North MP aspirants will make do with Sh54 million, Sh48 million for Turkana West, Sh45 million Turkana East, Sh29.8 million for Turkana South, Sh28 million for Loima, and Sh25 million for Turkana Central.

MP aspirants in Isiolo are allowed to spend more than in 2017,  with limits for Isiolo North constituency Sh46.7 million and Isiolo South at Sh31.9 million.

At the Coast, candidates for Garsen MP can spend Sh38 million, Sh35 million for Voi MP, Sh39 million in Bura, Sh31 million in Magarini and Sh30 million for Mwatate.

Campaigns in Samburu East are capped at Sh30.9 million and Sh28 million for Samburu North.

Nairobi constituencies such as Kasarani, Embakasi East and Embakasi South have caps of Sh23.4 million, Sh21.8 million and Sh21.7 million, respectively.

Candidates in Kajiado constituencies have been limited to spending between Sh22.6 million and Sh32 million, making them equally expensive to campaign in.

The ranges apply to constituencies in neighbouring Narok county whose caps are between Sh22.9 million and Sh27 million.

Candidates for Naivasha MP would be limited to Sh23 million, Sh23 million for Laikipia West, Sh23 million for Tiaty and Sh21.3 million for Laikipia North.

Garissa Township MP Aden Duale said the figures are all right but their enactment would rest with the House after it receives a report from Tiaty MP William Kamket’s Delegated Legislation Committee.

“This is just a proposal. The final word is with the National Assembly in line with the Statutory Instruments Act,” the former Majority leader said.

Even so, campaigns in vast but sparsely populated areas are projected to be costlier compared with costs in other regions.

The authorised items or activities for which campaign expenses may be incurred by a political party include paying for venues for campaigning and publicity material for campaigns.

Other are advertising, campaign personnel, transport and any other justifiable expenses including communications, nomination fees, security, accommodation and administrative costs.

Political parties cannot receive more than 20 per cent of their total contributions from a single source.

According to the Election Financing Act, 2013 offenders are liable to a fine not exceeding Sh2 million, a prison term not exceeding five years, or both.

In further measures to keep campaign spending in check, the IEBC has sought to bar politicians and their parties from using illicit cash.

The commission wants to scrutinise accounts of political parties to prevent cash inflows from suspect sources.

Politicians have had a field day escaping scrutiny following the lack of substantive laws to provide thorough checks on cash sources and spending.

MPs in 2017 ganged up to repeal the Elections Campaign Financing Act, saying it would come into force in the upcoming election.

(Edited by V. Graham)