The Committee on Delegated Legislation in a session chaired by the Vice chairperson Hon. Muriuki Njagagua, MP Mbeere North, today met with the Independent Electoral and Boundaries Commission led by Mr. Wafula Chebukati accompanied by Prof. Abdi Yakub Guliye and the Acting CEO Mr. Marjan Hussein Marjan in consideration of the Election Campaign Finance Regulations.
Members of the Committee queried the cause of the delay in submitting the draft regulations which have a Statutory deadline, and the new Rules which ought to have been made and published at least 12 months before the election date in accordance with Section 12, 18 and 19 of the Election Campaign Finance Act, (2013).
In their submissions, the Chair of the IEBC, Mr. Wafula Chebukati informed the Committee that the regulations that were brought before the House and the Committee were the same regulations that had been submitted in the previous Parliament in 2016 with only the dates having been changed.
He further acknowledged that the Commission had published Contributions and Spending limits in the Kenya Gazette dated 9th August 2021.
With regard to the aforementioned published Rules on Contributions and Spending Limits, Members of the Committee on Delegated Legislation noted with concern that the Rules where not tabled before the House for Parliamentary Approval in line with the Election Campaign Financing Act, 2013 and did not take into account the current economic climate and the Covid – 19 Pandemic.
The Committee further questioned whether there was any civic engagement through public participation in accordance with Article 10 of the Constitution as read together with Section 5A and the Schedule to the Statutory Instruments Act that stipulates that a Regulation Making Authority must conduct sufficient public participation before publishing and operationalizing any Statutory Instrument.
Mr. Chebukati in his responses acknowledged the urgency of the matter before the Committee and he further informed Members that the Independent Electoral and Boundaries Commission had prepared draft amendments to the Elections Campaign Finance Act, (2013).
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In their deliberations, the Members of the Committee on Delegated Legislation observed that the time period to publish the regulations in accordance with the law had lapsed and the IEBC has not demonstrated whether public participation and consultation has been conducted.
The Committee on Delegated Legislation resolved to deliberate and prepare a report which shall be tabled in the coming week.
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