23 Sep 2021 in National Assembly:
Hon. Speaker, I beg to move the following Motion: - THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Draft Election Campaign Financing Regulations, laid on the Table of the House on Thursday, 5th August 2021, and committed to the Committee on Delegated Legislation for scrutiny. Hon. Speaker, these Draft Regulations provide the principles and objects of the campaign financing regulations, including consideration of persons who bear duties under the Act; powers of the Independent Electoral and Boundaries Commission (IEBC) and composition and registration of the right persons as provided by Section ...
view
23 Sep 2021 in National Assembly:
Hon. Speaker, I beg your indulgence. I beg to move: THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Draft Elections Campaign Financing Regulations submitted by the Independent Electoral and Boundaries Commission (IEBC) on 5th August 2021, laid on the Table of the House on Tuesday, 17th August 2021; and that, pursuant to the provisions of Articles 10, 118 and 259 of the Constitution, the Interpretation and General Provisions Act (Cap. 2), Sections 5, 12, 18, 19 and 29 (2) of the Election Campaign Financing Act, 2013 and Section 18 of the ...
view
23 Sep 2021 in National Assembly:
The background is that in 2016, the IEBC submitted a set of regulations relating to the campaign financing, which did not conform to the Constitution, the Elections Campaign Financing Act and the Statutory Instruments Act, which were hence annulled by Parliament. The House then rejected the draft Regulations relating to Campaign Financing 2016 as they contravene Section 5 of the Elections Campaign Financing Act, 2013. It resolved that the Departmental Committee on Justice and Legal Affairs introduces relevant legislations to amend the appropriate sections of the Elections Campaign Financing Act, 2013. The electronic version of the Official Hansard Report is ...
view
23 Sep 2021 in National Assembly:
On Thursday, 5th August 2021, the draft Regulations were laid before this House and committed to the Committee on Delegated Legislation on the very same day for scrutiny. The Committee met IEBC on Wednesday, 11th August 2021 where it confirmed that the draft Regulations, 2020 are the same ones that had been submitted to this House in 2016 without any amendments and, hence, failing to factor in any changes that might have occurred in between 2016 and 2021. The Elections Campaign Financing Act, 2013 which was suspended for the 2017 elections and which, therefore, commenced on 12th August, 2017, places ...
view
23 Sep 2021 in National Assembly:
The Committee further noted that the Commission hurriedly concocted a quick draft with the title reading “2020” and citations with the same regulations of 2016. It submitted them to the National Assembly out of time which not only demonstrates unpreparedness in their race against the statutory timelines, but also offends Section 13(m) of the Statutory Instruments Act, which requires the Committee on Delegated Legislation to check during scrutiny if the Regulations contain drafting errors or other elucidations.
view
23 Sep 2021 in National Assembly:
The Committee having gone through and meet the IEBC, picked out certain salient issues. Unlike other regulations that are made under other statutory sections, Section 29(1) of the Elections Campaign Financing Act, 2013 requires that the regulations made by the Commission under the Act ought to be read before the National Assembly and approved by the House before they are published in the gazette. This is an affirmative resolution by the House. Therefore, the latest possible timeline that the IEBC ought to have placed these regulations before us was Monday, 9th August 2021, since the elections are in 9th August ...
view
23 Sep 2021 in National Assembly:
On observations, the Committee, upon scrutinising the Elections Campaign Financing Regulations 2022 in accordance with the Constitution of Kenya, the Interpretations and General Provisions Act (Cap 2), the Elections Campaign Financing Act, 2013 and the Statutory Instruments Act No.23 of 2013 observed: (i) That Section 5(a) of the Election Campaign Financing Act requires that the IEBC makes rules to regulate election campaign financing at least 12 months before the next general elections. On the contrary, the IEBC submitted the draft Regulations very late in the day, which will not allow the Committee time to consider them with the set timelines ...
view
23 Sep 2021 in National Assembly:
and brought them again in 2020 without carrying out any public participation. We all know that elections are very volatile and emotive in this country. So, they went ahead to do so without carrying out any public participation. (vii) The IEBC indicated that it had submitted amendments to the National Assembly’s Departmental Committee on Justice and Legal Affairs to amend the parent Act in 2019 to enable it make rules to regulate election campaign financing and that this amendment has not been acted upon. Again, we do not act on proposed Bills. We go by what has been assented to ...
view
23 Sep 2021 in National Assembly:
Thank you, Hon. Deputy Speaker. I must thank all the Members who have contributed to this debate.
view
23 Sep 2021 in National Assembly:
Thank you, Hon. Deputy Speaker. I was saying that I wish to thank all the Members who have made their contributions this afternoon. Hon. Members, it is not lost on us that we agree that election campaign financing should be regulated. However, the IEBC must get its act together. They should not just rush and bring regulations to this House then incite members of the public against parliamentarians. One Member has pointed out that IEBC, without any colour of thought, gazetted these Regulations before they were approved by the House and everybody was like: “Look! Members must stick to these ...
view