Why IEBC poll campaign financing bill is bad idea

When Independent Electoral and Boundaries Commission (IEBC) chairperson Wafula Chebukati unveiled the Election Campaign Financing (Amendment) Bill 2020, it looked like a bad idea.

But upon scrutinising it, glaring questions emerged on its implications on the electoral process. The bill creates unnecessary and avoidable political and legal minefields that Kenya does not need in the run-up to the 2022 elections.

The most glaring challenge with the bill is how IEBC will conduct oversight and sanction. How will it oversee political parties’ spending when it relies entirely on their goodwill to self-report their financing? How will it implement sanctions, especially if the major political players are found in violation of the caps in the middle of a heated electoral cycle?

The electoral agency is powerless to go after political heavyweight candidates and their parties without being seen as biased. Sanctioning a major party or candidate has the potential to throw the entire election into chaos from their supporters.

Violence

The realities of the Kenyan political landscape dictate that there will be major violence against IEBC officials in such parties’ strongholds. In addition, IEBC has no regulatory or enforcement mechanism to monitor campaign finances. Whatever method it enacts to do so will be woefully inadequate and moot.

The bill proposes to cap spending by a presidential candidate at Sh5.2 billion, Sh433 million for governor, senator or woman representative, Sh33.4 million for MP and Sh10.3 million for MCA.

The limits seem unrealistic and arbitrary. What formula was used to arrive at the caps in different regions? If they are wrongly calculated, might this not disadvantage some regions and even lead to legal challenges?

Besides, the bill actually hurts challengers and helps incumbents. Incumbency brings inherent and implied advantages with it. Politicians in office already have the advantage of name recognition.

War chest of cash

They have a war chest of cash and can easily work around such regulations. But challengers need to fundraise not only to match incumbents but surpass them. The bill is deleterious to challengers.

The draft law also requires that donors to election campaigns be made public. Unless such records have been subpoenaed, or are required for a legal investigation for which they are necessary evidence in line with the case, the requirement is invasive and violates individual and group privacy rights.

Donors may not want their names disclosed and not all are nefarious. Giving this kind of power to IEBC is extremely dangerous; it can be manipulated to victimise, embarrass and slander candidates.

Lastly, capping the amount a candidate can spend on promoting their campaign is an infringement on the right to speech and association of the candidates and parties and their supporters.

IEBC is, simply, a toothless bulldog in this matter.

[email protected] @dmonda1