IEBC faces parliamentary pushback over 2027 campaign spending rules

The IEBC’s plans to regulate campaign financing ahead of the 2027 General Election have run into opposition in Parliament, with lawmakers accusing the electoral agency of shutting them out of consultations on rules that could affect how candidates fund their campaigns and their eligibility to contest elections.

The dispute emerged on Thursday when the National Assembly’s Delegated Legislation Committee questioned officials from the Independent Electoral and Boundaries Commission (IEBC) over how the proposed regulations were developed and why MPs had not been directly involved before the proposals were gazetted.

The committee, chaired by Ainabkoi MP Samuel Chepkonga, was meeting a delegation led by IEBC chairman Erastus Ethekon to examine the proposed campaign financing rules.

Chepkonga criticised the commission for conducting public participation without specifically seeking the views of legislators, arguing that elected representatives were among those likely to feel the greatest impact of the new measures.

“You conducted public participation on the people we serve, but not us. We expected you to request for a Kamukunji – just like what Social Health Authority (SHA) did,” Chepkonga told the IEBC team.

“We only saw the regulations when they were gazetted, yet they are going to affect us most.”

The lawmaker said Parliament deserved a direct opportunity to examine the proposals before they were finalised, given their potential implications for politicians preparing to seek elective office.

He questioned the commission’s decision to proceed without holding a dedicated engagement with MPs, especially as the proposed framework seeks to regulate campaign expenditure and financing.

According to Chepkonga, involving the public in consultations was not enough when lawmakers themselves had not been given an opportunity to raise concerns about provisions that could affect their political participation.

He cited Section 9 of the Campaign Financing Act, insisting that proposals with far-reaching constitutional consequences should be subjected to parliamentary approval.

“Everything that has legal consequences must be brought to Parliament. Coming up with regulations which may lead to blocking someone from elections if violated basically means you have made the law without involving us,” Chepkonga said.

His remarks placed the spotlight on the process used by the IEBC to prepare the regulations and whether the consultations carried out before gazettement adequately covered the interests of those expected to comply with the rules.

Ethekon defended the commission’s engagement process, saying it had reached out to different stakeholders, among them political parties.

“We even engaged political parties under the Political Parties Liaison Committee,” Ethekon said.

The IEBC delegation was expected to address the committee’s questions as lawmakers continued their examination of the proposed regulations. However, the session was interrupted when members were notified of a court order barring Parliament from considering the proposals.

Chepkonga subsequently directed that the meeting should not continue, saying the court decision had made further deliberations pointless at that stage. He also indicated that the committee had not been aware of the order before the meeting.

“I don’t think we can continue with this meeting in the light of this court order, it will be a zero-sum game. We were not aware of the court order,” Chepkonga directed.

The High Court issued the order on September 18, suspending consideration of the regulations pending an inter-parties hearing.

The ruling has temporarily stalled the parliamentary review, meaning the committee cannot proceed with its examination until the legal restrictions are lifted.

The disagreement comes against the backdrop of longstanding disputes over efforts to control election campaign spending in Kenya. Previous attempts to regulate political financing have faced opposition from politicians, while questions have persisted over how the requirements would be enforced.

The proposed regulations seek to establish guidelines for campaign funding and expenditure, with the aim of strengthening transparency and accountability during elections.

The debate is unfolding as political parties and prospective candidates begin positioning themselves for the 2027 contest, making the rules governing campaign resources an important issue for those seeking elective positions.

With MPs raising concerns about their exclusion from the consultation process and the court order preventing further consideration of the proposals, the regulations face both legal and parliamentary hurdles.

The committee is expected to return to its review once the court restrictions are lifted, allowing lawmakers to resume scrutiny of the proposed framework.