Members of Parliament on Thursday accused Independent Electoral and Boundaries Commission (IEBC) of sidelining them in the development of regulations governing campaign financing ahead of the 2027 polls.
The lawmakers, sitting at the Delegated Legislation Committee of the National Assembly, questioned why the electoral agency did not directly engage Parliament despite the proposed regulations having a significant impact on politicians, particularly those seeking elective positions.
The concerns emerged during a meeting between the Committee chaired Ainabkoi MP Samuel Chepkonga and a team from the IEBC led by Chairman Erastus Ethekon.
The meeting was meant to deliberate on the proposed campaign financing regulations.
Chepkonga said although the IEBC had undertaken public participation, lawmakers who would be among the most affected by the regulations were not consulted.
“You conducted public participation on the people we serve, but not us. We expected you to request for a Kamkunji – 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.”
Chepkonga maintained that Parliament could not be treated like any other stakeholder when rules with far-reaching implications on elections and political campaigns were being developed.
He questioned why the Commission had not specifically sought the views of MPs before finalising the regulations, amid growing concern among legislators over the proposed controls on campaign expenditure and financing.
Citing Section 9 of the Campaign Financing Act, the Ainbkoi MP insisted that any proposal that has far reaching constitutional consequences must get approval of the house.
“Everything that has legal consequences must be brought to Parliament, by 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 stated.
The IEBC team, led by Ethekon, while acknowledging the oversight said the IEBC reached out to various stakeholders including political parties.
“We even engage political parties under the Political Parties Liaison Committee (PPLC),” Ethekon said.
IEBC was expected to respond to the concerns they deliberate the regulations.
However, the anticipated engagement was halted after members were informed of a court order stopping Parliament from considering the regulations.
“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 stay order on 18th September 2026 pending inter-parties hearing.
Campaign financing has remained a contentious issue in Kenya's electoral politics, with previous attempts to regulate expenditure facing resistance from politicians and questions over enforcement.
The latest regulations are intended to provide a framework for regulating campaign spending and financing, including measures aimed at improving transparency and accountability during elections.
The dispute also comes at a politically sensitive time, as parties and prospective candidates are already positioning themselves for the 2027 contest.
With the court order temporarily blocking consideration of the regulations, the IEBC may have to wait for the legal process to take its course before the proposed rules can return to Parliament.
The committee is expected to resume its scrutiny once the court restrictions are lifted.
INSTANT ANALYSIS
Campaign financing has remained a contentious issue in Kenya's electoral politics, with previous attempts to regulate expenditure facing resistance from politicians and questions over enforcement. The latest regulations are intended to provide a framework for regulating campaign spending and financing, including measures aimed at improving transparency and accountability during elections.
