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"content": "Hon. Members, this Communication is a guide regarding submission of the Draft Election Campaign Financing Regulations by the Independent Electoral and Boundaries Commission (IEBC). It relates to the Paper that has just been laid on the Table of the House by the Whip of the Majority Party, on behalf of the Leader of the Majority Party titled “Draft Campaign Financing Regulations and Accompanying Explanatory Memorandum.” The Paper originated from the IEBC. Hon. Members, you will recall that the Election Campaign Financing Act of 2013 was enacted by Parliament to provide for the regulation, management, expenditure and accountability of election campaign funds during election and referendum campaigns. The Act was suspended with respect to the 2017 General Elections. Section 29 (1) of the said Act empowers the IEBC to make regulations for the better performance of its functions under this Act. The said section provides as follows:– “29. (1) The Commission may make regulations for the better performance of its functions under this Act, and such regulations shall be laid before the National Assembly for approval before they are published in the Gazette.” Hon. Members, in addition, Section 5 of the Act mandates the Commission to make rules to regulate election campaign financing at least 12 months before the election. For avoidance of doubt, the said section provides as follows: - “5. The Commission shall make rules to regulate election campaign financing— (a) in the case of a general election, at least twelve months before the election; and, (b) in the case of a by-election or referendum, at such time as the Commission may determine.” Hon. Members, it is important for you to note that the Regulations are expected to provide for, among other things: (i) the spending limits for the different elections; (ii) guidelines for expenditure rules for political parties and independent candidates; and, (iii) the manner in which contributions may be made. Sections 12, 18 and 19 of the Act empower the Commission to set limits for contributions and expenditures for candidates and political parties participating in an election at least 12 months before the election. Having said that, you will agree with me that these are not just ordinary regulations, which may be the reason why Parliament provided that they be submitted to the House in DRAFT form for approval before they are published in the Gazette. Hon. Members, even as the Election Campaign Financing Act of 2013 stipulates the timelines necessary for the approval of the said regulations, the Statutory Instruments Act provides for the ultimate process and procedure for consideration of regulations in general. In this regard, the Draft Regulations and the Explanatory Memorandum are hereby referred to the Committee on Delegated Legislation for consideration in accordance with the law. The Committee may also The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
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