MPs plot to oppose new election fees

By Mwaniki Munuhe

Members of Parliament are preparing for a vicious battle over new election rules and fees proposed by the Independent Electoral and Boundaries Commission.

While some support higher nomination charges that could lock out potential rivals, most say the proposed fees will distort the political playing field and favour the rich. Others object to plans to allow the youth, women and persons with disability to pay much less than older, able-bodied male candidates for various elective positions.

MPs are gathering support for various positions over the rules that were tabled on Thursday, amid claims key stakeholders were not consulted. Intense lobbying has started in earnest across the political divide. Three parliamentary committees met and recommended a sharp reduction in the charges proposed by the  IEBC.

These were the Constitution Implementation Oversight Committee, and the Legal Affairs and Delegated Legislation committees. Some MPs also proposed scrapping lower fees for members of special interest groups seeking elective posts that are open to all.

Some MPs also sought to draw attention to the omission of what they term “critical issues” from the draft legislation.

They complained that critical stakeholders, like the Constitution Implementation Commission, were not involved in drafting the IEBC election rules, leading to key issues being left out.

The rules, for instance, are silent on biometric voter registration, even though the Government has resolved to use BVR systems in the March polls. The proposed rules also do not prescribe the procedures for such activities as voter verification and announcing election results, among others.

Njoroge Baiya, the Deputy Chairman of the Legal Affairs Committee, said his team would look at ways of revising the rules so that they are capable of setting proper guidelines for free and fair elections.

“The rules have left out various aspects that are critical towards ensuring a free and fair election,” he said.

 “(For example,) how shall we know which results will be announced before the other? Is there any order? Who will announce what? Involving all stakeholders (in preparing the rules) is essential.”

Nomination fees

Justice Minister Eugene Wamalwa tabled the rules on Thursday. Parliament has until Tuesday next week to pass the rules, which means they have to be rushed through the House.

This could see anomalies in the draft go unnoticed as debate rages on issues such as the large margin between nomination fees for different categories of aspirants.

IEBC has set the nomination charges for the youth, women and people with disability at half the amount paid by other candidates for all elective seats.  For instance, ‘Rule 18’ provides that presidential candidates who are not youth, women or persons with disability will pay a nomination fee of Sh1 million. Those that are will pay Sh500, 000. This, some MPs argue, amounts to discrimination and is unconstitutional.

Two women MPs, Gichugu’s Martha Karua and Kitui Central’s Charity Ngilu, are in the race for the president. At least half a dozen youth candidates have also shown interest.

Further the youth, female candidates and persons with disability will pay Sh250, 000 to run for County Governor, Senator or women’s representative, Sh150, 000 for a National Assembly nomination, and Sh25, 000 for the County Assembly.

Other candidates will pay double those amounts at all levels except parliamentary candidates, who will pay Sh250, 000, some Sh100, 000 more than the special interest groups.

Baiya castigated the proposals saying IEBC rationale is ambiguous.

“Is the IEBC even telling us who is a youth or who is a disabled person?” he said.

 “What rationale did they use? I think the best way forward would have been to make the fees uniform and affordable to all. IEBC appears to be on a fund raising mission.”

Assistant minister Elizabeth Ongoro opposed the rules because she felt the fees were still too high for the special interest groups.

“We are going to mobilise women and the youth to reject these rules,” she said.  “You cannot give with one hand by telling them to vie and take with the other by imposing unacceptably high nomination fees.”

Naivasha MP John Mututho called the higher fees a “barrier to democratisation”.

Barrier

“My view is that the IEBC is not honest,” he said. “That is a barrier to democratisation that must be rejected by everybody. Are we legislating for the rich? Are we saying the intelligent son or daughter of a poor man cannot lead? This is about representation, not a showcase for millionaires.”

Other MPs who spoke to The Standard On Saturday argued that IEBC has been allocated a budget and should be asking for a nominal amount in nomination fee.

“IEBC is a State-funded body,” said Kibwezi legislator Philip Kaloki. “As a House, we gave them the necessary budget. They cannot ask for so much money so that some people who would otherwise have wanted to vie are locked out.”