People's Empowerment Party backs campaign finance rules

A protestor lobs back a teargas canister at police duirng past protests in Nairobi. [AFP]

The People's Empowerment Party (PEP) has welcomed the Independent Electoral and Boundaries Commission's (IEBC) move to operationalise the Election Campaign Financing Act, saying the long-delayed law could help restore integrity and fairness to Kenya's electoral process.

In a memorandum submitted to the electoral agency, the party said the Act, which has remained largely dormant since its enactment in 2013, is essential in reducing the influence of money in politics and making elections more accessible to ordinary Kenyans.

In the memorandum seen by The Standard, the party leader, Stephen Mwakesi noted that campaign spending has risen sharply over the years, citing the high cost of presidential campaigns in 2017 and concerns raised by the Central Bank over the massive cash circulation during the 2022 General Election.

However, the party cautioned that spending limits alone would have little impact unless backed by effective enforcement.

"The real question is not the spending cap itself, but whether the Commission can trace campaign money and impose automatic penalties on those who violate the rules," Mwakesi noted.

PEP recalled that campaign spending limits introduced in 2016 were never enforced after they were suspended before the 2017 General Election, arguing that regulations without enforcement only disadvantage candidates who comply with the law.

The party proposed key reforms to strengthen the draft campaign financing regulations.

First, it urged the IEBC to harmonise inconsistencies between the draft regulations and the accompanying determination of campaign spending limits, saying the two documents currently use different methods to calculate expenditure ceilings.

Secondly, PEP called for the closure of what it described as a "proxy spending loophole", arguing that coordinated spending by supporting organisations should count towards a candidate's expenditure limit. 

The party also urged the Commission to adopt a more flexible compliance framework for smaller political parties. 

Mwakesi, who is among the Taita Taveta gubernatorial hopefuls in the 2027 general elections, also argued that the proposed Sh5 million audit threshold and uniform reporting requirements place a heavier burden on emerging parties than on larger, well-funded political organisations.

"We call for greater transparency in campaign financing by requiring candidates and political parties to file regular contribution and expenditure reports in a searchable public database throughout the campaign period," he noted.

PEP appealed to political parties, candidates and members of the public to participate in the ongoing public consultation on the draft regulations and urged Parliament not to weaken the proposed reforms when they are tabled for approval.

"It is through persuasion and public confidence, not money, intimidation and hired gangs that elections should be won," the party said.