All eyes will be on MPs as they prepare to consider the Independent Electoral and Boundaries Commission's (IEBC) proposal to restrict campaign funding sources.
As the 2027 general election draws closer, the commission will be defining the rules of the game in terms of political expenditure, and generally campaign financing in order to deliver a credible poll.
During the recently concluded National Assembly retreat in Naivasha, the electoral commission urged MPs to pass legislation prohibiting donations for election campaigns from foreign governments.
In its proposal to the House, the commission also wants MPs to pass a law prohibiting monies from donors for campaigns.
The commission also wants MPs to delete and replace section 11 of the Elections Campaign Financing Act to restrict contributions and donations to election campaigns and clarify permissible donors.
These tough proposals now put MPs at the centre of attention, as they are the same players who will be largely affected by the law. Many of them are beneficiaries of such donations.
The Speaker of the National Assembly, Moses Wetang’ula, has instructed the Justice and Legal Affairs Committee of the National Assembly (JLAC) to arrange a meeting with the Independent Electoral and Boundaries Commission (IEBC) to discuss the issues raised by the commission for consideration by the entire House.
Mr Wetang’ula said that, when the House resumes sitting on Tuesday, the IEBC's proposals will be prioritised on the agenda.
“I direct the Constitution Implementation and Oversight Committee and JLAC to sit with IEBC to deal with all issues in their wish list in the next four months so that as National Assembly we can dispense with laws and allow those who want to go to court,” Mr Wetang’ula said.
If the directive of the speaker will be adhered to, it means by June, MPs will have dispensed with all the election related laws proposed by the commission, more than one year before the 2027 polls.
Chairman of Justice and Legal Affairs committee George Murugara told the Nation that they will set a meeting date with IEBC upon resumption of the sitting of the House next week.
Mr Murugara said it is too early to comment on the IEBC proposals since they are yet to be presented to the committee.
“I have not seen the proposed legislation. Let me see it then comment. We are still in recess. The committee will set the dates of the meeting upon resumption,” Mr Murugara said.
While making the proposal to the lawmakers, IEBC chairman Erastus Ethekon urged the House to consider them at least one year before elections in order to aid transparent and credible elections.
Parliament buildings in Nairobi.
Photo credit: Dennis Onsongo | Nation Media Group
“The absence of clear, enforceable rules who can fund campaigns, how much they can contribute and from where those funds originate weakens our democratic processes and opens the door to undue influence,” Mr Ethekon told MPs
The new regulations which will require disclosure of sources of funds and also set spending ceilings are seen as a move by the commission to level the playing field by ensuring that candidates with deep pockets do not have undue advantage in elections.
Mr Ethekon told the lawmakers that the proposals before the House emanated from a 2022 post-election evaluation report.
“Following the launch of its 2022 Post-election Evaluation report, the Commission commenced electoral legal reform through various stakeholder engagements. The initiative sought to identify what worked, what did not work well and generate proposals for legal review,” Mr Ethekon said.
Mr Ethekon warned that failure to have rules on campaign financing will make the credibility of the 2027 elections vulnerable.
Although the Elections Campaign Financing Act was enacted in 2013 to regulate political spending, it is not yet fully operational as the regulations are yet to be adopted by Parliament
In 2021, National Assembly’s committee on Delegated Legislation annulled a gazette notice by IEBC that capped presidential spending in the 2022 General Election at Sh4.4 billion.
The lawmakers accused the commission of publishing the regulation without the approval of Parliament as required by the Election Campaign Financing Act, 2013
The Ethekon-led commission will again go before MPs four years later seeking enactment of a similar law dealing with the election campaign financing.
Section 5 of the Election Campaign Financing Act 2013 requires IEBC to make rules which must be submitted to parliament for approval at least 12 months before the General Elections.
MPs take a group photo during day one of the four-day 2026 Legislative Retreat for Members of the National Assembly, at Lake Naivasha Resort in Naivasha, Nakuru County, on January 27, 2026.
Photo credit: Boniface Mwangi | Nation Media Group
This means that Parliament has until August this year to consider the proposals by the commission during the retreat in relation to the election campaign financing.
The annulled regulations by the House had proposed a fine not exceeding Sh2 million or a jail term not exceeding five years or both.
The annulled rules had limited spending by candidates for governor, women representatives and senator seats to between Sh21.9 million and Sh117 million depending on the size and population of the devolved units.
