ODM in court to reverse campaign financing law

The Orange Democratic Movement (ODM) has moved to court to challenge the campaign financing laws set by the Independent Electoral and Boundaries Commission (IEBC).

ODM, through lawyer Antony Oluoch, moved to the High Court on Wednesday, December 14 to challenge the directive by IEBC that candidates eyeing various elective seats appoint authorized persons and form campaigning committees to run their operations.

The law requires candidates to open campaign bank accounts through which they will channel all their campaign funds as well as committees to oversee their operations.

Through its advocate Antony Oluoch, the party is lamenting if the decision is not reversed or quashed it will affect and lock out thousands of ODM members who have expressed interest in various elective positions.

While terming the decision by the electoral body as malicious, punitive and irrational, ODM now wants the court to reverse the order published by IEBC on December 7, 2016.

While publishing the said requirement, IEBC intimated it was enforcing provisions of Section 6 of the Election Campaign Financing Act 2013 purporting to enforce the provisions of Section 6 of the Election Campaign Financing Act, 2013 with the said requirements.

In a gazette notice dated Monday, August 8, 2016, the electoral oversight set spending ceilings for all elective seats, with presidential contenders expenditure set at Ksh 5.2 billion, while governors, woman representatives and senators can only spend up to Ksh 433 million in their vote hunting mission, members of the National Assembly have a limit of Ksh 33 million, while those aspiring for county assembly can only spend up to Ksh 10 million.

IEBC has since defended the campaign financing regulations terming the limits as “fairly permissive”.

After publishing the new campaign finance limits, the poll body indicated that the limits were arrived at after extensive consultations with stakeholders including political parties, civil society, state agencies and the media.

While quoting Article 88(4)(I) of the Constitution of Kenya 2010, the poll body also said that the Constitution mandates the Commission to regulate the amount of money that may be spent by or on behalf of a candidate or party in respect of any election.

In August, CORD leader Raila Odinga, however, termed IEBC’s election campaign spending limits as ridiculous claiming it only serves to sanction looting of state resources.

In a strongly worded statement to newsrooms, Odinga said colossal ceilings such as 5 billion shillings proposed for presidential contenders and 400 million for gubernatorial aspirants will limit the country’s leadership to monied elite plundering the nation.

Odinga added that the new regulations sent a coded message to Kenyans that those not in the league of multi billionaires have no business vying for any position in the coming election.

The Election Campaign Financing (ECF) Act, 2013 was enacted by Parliament on 24th December 2013 but the law came into force on 10th January 2014.

The opposition alliance-Cord, has however questioned the practicality of the regulations and has asked for more consultations between the commission and players in next year’s contest.

Hundreds of aspirants last week flocked IEBC offices, to beat the 7th December 2016 deadline of furnishing the commission with campaign funds management, in compliance with provisions of section 6 of the election campaign financing act, 2013.

Additional Reporting by Agnes Oloo