Trouble for broke aspirants as IEBC opens door to big-money campaigns

In the regulations, the electoral commission has officially allowed spending limits running into billions of shillings, in what critics say is giving the race to candidates with deep pockets.

For instance, the race for governors in some areas could see aspirants spending twice the amount they will actually earn in salaries over the five years they will be in office.

Election experts now want a review of the proposal which they note might disfranchise some aspirants.

Elections Observation Group (Elog) National Coordinator Mulle Musau told the Star that the suggestions, if left unchanged, may unduly price out majority of Kenyans keen on seeking elective positions.

“More importantly it can lead to disfranchisement of many Kenyans who many want to participate in an election. We appreciate the fact that it is a proposal and being a proposal it must be interrogated, it must be debated and we all agree,” Mulle told the Star.

While the commission says the proposed expenditure ceilings are intended to regulate campaign financing rather than prescribe what candidates must spend, critics argue the limits could entrench the dominance of wealthy politicians.

The proposed Election Campaign Financing Regulations, seek to operationalise the law by setting maximum campaign expenditure for candidates and political parties based on the population and geographical size of electoral areas.

Under the draft regulations, a presidential candidate would be allowed to spend up to Sh4.4 billion during the election period.

The proposal also permits political parties to spend as much as Sh17.7 billion on campaigns.

The proposed limits, contained in draft Election Campaign Finance Regulations, will be subjected to public participation before being forwarded to Parliament for approval.

Under the framework, the total spending limits across elective positions include Sh5.63 billion for ward elections, Sh5.26 billion for constituency elections and Sh2.39 billion for county elections.

Candidates contesting for county seats such as governors would have different spending ceilings depending on the size and population of their counties.

Turkana, owing to its vast geographical area, would have the highest limit at about Sh123 million, followed by Nairobi at Sh117 million.

The regulation caps spending at Sh114 million for Marsabit, Wajir (Sh103 million), Garissa (Sh88.7 million), Nakuru (Sh72.2 million), Tana River (Sh68.4 million), Kajiado (Sh66 million) and Kilifi (Sh61.9 million).

For the eight counties, aspirants who spend the upper limit permitted may serve the entire one-term (60 months) without recouping back their campaign money.

According to the current remuneration structure set by the Salaries and Remuneration Commission (SRC), monthly gross salaries for a governor is Sh924,000, Senator (Sh739,600) and Woman Representative (Sh739,600).

 Musau said the proposal needs a relook as it may lead to corruption once a candidate is elected.

“The figures incentivise corruption,” Musau noted.

For parliamentary contests, campaign expenditure would range from approximately Sh11.15 million in smaller constituencies such as Tetu to about Sh94 million in expansive constituencies like North Horr.

The spending is capped at Sh64.1 million for Wajir South constituency, Turkana North (Sh54 million), Turkana West (Sh48.7 million), Turkana East (Sh45 million), Isiolo North (Sh46.6 million), Bura (Sh39.7 million), IJara (Sh38.3 million) and Garsen (Sh38.2 million).

Although the commission based the ceilings on objective factors such as population and the geographical size of electoral units, the proposed figures have raised concerns that the cost of seeking elective office remains far beyond the reach of ordinary Kenyans.

To determine the expenditure ceilings, IEBC classified electoral areas into urban, sparsely populated and other categories.

It then applied a formula that assigns a 60 per cent weight to population and 40 per cent to land area, in accordance with Section 18(4) of the Election Campaign Finance Act.

The proposals acknowledge the higher costs associated with campaigning in geographically expansive counties.

Election experts have long argued that campaign finance regulation is critical in creating a level playing field by preventing the influence of illicit money, reducing vote-buying and ensuring candidates compete on the strength of their ideas rather than the size of their bank accounts.

The IEBC also outlined the major areas where candidates and political parties are expected to incur campaign costs.

For political parties, transportation accounts for the largest share of projected campaign expenditure at Sh11.81 billion.

Advertising and media campaigns are estimated to consume Sh1.84 billion, while the payment of election agents is projected at Sh1.52 billion.

Other significant expenditure items identified by the commission include branding, campaign materials and logistical support.

The IEBC is mandated under the Election Campaign Financing Act, 2013, to regulate campaign financing, monitor expenditure and promote transparency in the sourcing and use of campaign funds.

The law was intended to shield elections from undue influence by wealthy individuals, businesses and criminal networks seeking political favours after elections.

However, attempts by the commission to operationalise the law in the run up to the 2022 general election collapsed after Parliament rejected the proposed Election Campaign Financing Regulations in 2021 on procedural grounds.

The regulations were subsequently withdrawn, leaving the country without enforceable campaign expenditure limits.

INSTANT ANALYSIS

The IEBC is mandated under the Election Campaign Financing Act, 2013, to regulate campaign financing, monitor expenditure and promote transparency in the sourcing and use of campaign funds. The law was also intended to shield elections from undue influence by wealthy individuals, businesses and criminal networks seeking political favours after elections.