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"id": 1094308,
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"speaker_name": "Hon. Speaker",
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"content": "Hon. Members, let us try to put this matter to rest. As rightly pointed out by the Member for Mathare, it is the prerogative and constitutional mandate of the IEBC under Article 88(4)(1) of the Constitution to set spending limits for political parties and candidates. That is a constitutional mandate given to the IEBC among other mandates including but not limited to what Hon. Oluoch spoke about; continuous voter registration, education and revision of voters’ register. On the other hand also, of importance is the fact that they brought to us some documents. Let me give a chronology of what has happened before I make my final pronouncement on what is going to happen. Just to be fair to all of us, this is what Section 5 of the Election Campaigning Financing Act, No.42 of 2013, provides. It provides election campaign financing rules, that the Commission shall make rules to regulate election campaign financing: In the case of general election, at least, 12 months before the election. Section 12 of the Act provides that the Commission shall, at least, 12 months before a general election by notice in the gazette prescribe limits on total contributions, contributions from a single source, paid media coverage, loan forming part of a contribution which a candidate, political party or referendum committee may receive during the expenditure period. I do not need to go to the other details. I am quite familiar with this law. I had occasion to benchmark with other jurisdictions before the Bill was even drafted to be debated in the House, but more importantly, the IEBC is required to gazette even the spending limits. However, Section 29 is a clincher because it provides that “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.” Note that the emphasis is on the “National Assembly” and “before they are published in the Gazette”."
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