WINDOW CLOSING

No harambee money from 2022 aspirants from next Wednesday

The law bars aspirants from fundraisers, eight months to polls.

In Summary
  • The IEBC has said aspirants found breaching the law after next Wednesday will be banned from running in next year's polls.
  • The commission has released an election operations plan that give tight timeliness for parties and candidates.
IEBC chairman Wafula Chebukati.
WINDOW CLOSING: IEBC chairman Wafula Chebukati.
Image: FILE

If you are planning a fundraiser and you expect a 2022 political aspirant to contribute, then you have six days to do so.

Otherwise, from the night of December 8 aspirants for political office risk being disqualified from next year's general election if they participate in any fundraisers. 

The Elections Act 2011 prohibits any political aspirant from participating in a fundraiser eight months before a general election.

The law, however, says nothing about presents offered during get-together events, year enders, dinners and church offerings during the same period.

This applies to all levels of office from president, governor, senator, MP, women representative to MCA.

The election date is set for August 9, 2022, according to the Constitution.  

Therefore, the eight-month cut-off date takes effect midnight next Wednesday.

Churches, schools and social groups are among those who will be hard hit by deadline with politicians likely to give their harambees a wide berth.

Young people seeking financial help to pursue further studies will also be affected as the window closes.

However, politicians are known to device their own innovative ways to deliver their donations without raising eyebrows.

The Independent Electoral and Boundaries Commission has warned politicians that they risk being locked out of the polls if they participate in harambees from December 9.

"Those who will engage in harambees after the legal deadline shall have committed an election offence punishable under the law," Chebukati said.

He spoke tough when he appeared before the Senate Committee on Justice and Legal Affairs on Wednesday.

But the commission says no enforcement mechanisms have previously been able to effectively ensure compliance to the law.

These gaps have given politicians loopholes to manoeuvre around and find ways of holding harambees.

The move will be a blow to big spenders who take advantage of harambees to endear themselves to voters as part of their campaigns.

Many fundraisers target politicians seeking to contest in the coming elections to help them raise money for development projects including construction of schools and social projects.

The country's top fundraisers including Deputy President William Ruto have been traversing the country, holding fundraisers for target groups.

Billions of shillings are normally raised through various fundraisers with Ruto having featured in several multi-million harambees across the country.

The DP has been donating millions to youth groups, boda boda riders and women Saccos, saying he is using his resources to empower the downtrodden.

Ironically, Parliament in August rejected IEBC regulations that sought to limit the amount aspirants would use in election campaigns.

MPs claimed IEBC had failed in its obligations, as it did not submit the regulations within the required timelines.

The Election Campaign Financing Act, 2013 requires the regulations to be tabled at least one year to the election.

MPs had accused the Chebukati-led commission of sitting on the regulations for four years and only submitting them to Parliament on the last day.

In the regulations which IEBC had published in the Kenya Gazette, expenditure by presidential candidates in campaigns is capped at Sh4.4 billion.

(Edited by Bilha Makokha)

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