Erastus Edung Etekon, Chairman of the IEBC, noted that this publication was an important milestone in the implementation of constitutional and legal norms governing the financing of election campaigns. The Commission stressed that the regulations and the established spending limits now form the current basis for campaign finance in the next general election. «The publication marks a shift from the development of regulations and consultations to their implementation and enforcement», the commission said.
According to the IEBC, this step fulfills the constitutional mandate of the commission in accordance with article 88(4)(i) of the Constitution and puts into effect the Campaign Finance Act of 2013, which regulates the sources of campaign finance and the amounts that candidates and political parties can spend themselves or through their representatives during elections. The Commission explained that this regulatory framework was prepared after the High Court's decision in Constitutional case no. E540 of 2021, combined with case no. E546 of 2021.
The dispute included, among other things, the repeal by Parliament of campaign finance regulations after the publication of contribution and spending limits on August 9, 2021. In its ruling, the court ordered the commission to develop the necessary rules, submit them for public discussion and create a mechanism for determining limits on contributions and expenses in accordance with the Law on Campaign Finance.
The IEBC said it has since conducted a comprehensive review of the campaign finance system to prepare it for implementation in the 2027 general elections. In the course of this work, the commission invited the public to submit their proposals through publications in print and electronic media. In addition, public forums were organized at the district cluster level, as well as targeted consultations with political parties, potential candidates, civil society organizations, government agencies, marginalized groups, development partners, and other stakeholders.
The theme of the consultations was «Campaign finance regulation in Kenya: a constitutional framework for transparency, political equality, accountability and fair elections». According to the commission, the opinions and recommendations gathered during the public discussion were analyzed and, if necessary, included in the final version of the rules.
The IEBC expressed its gratitude to the Kenyans and all stakeholders who participated in the process, noting that their contributions helped shape a campaign finance system aimed at strengthening transparency, accountability, fairness, political equality and fair electoral competition. The Commission said the rules provide a legal framework for regulating and disclosing information about campaign contributions and expenses. They also provide for record keeping, reporting, auditing, monitoring, compliance control, and law enforcement. The limits on contributions and expenses, the commission explained, determine the maximum allowable amount of campaign expenses for candidates and political parties.
The IEBC urged political parties, candidates, campaign headquarters and organizations supporting election activities to carefully study the new legal requirements and take measures to comply with them. The Commission said it would exercise its regulatory powers through monitoring, verification, auditing, investigations, and enforcement of the law in accordance with the Constitution, the Law on Campaign Finance, and new rules.
The Commission also promised to continue working with political parties, stakeholders, and the public to raise awareness, understanding, and compliance with campaign finance rules. The IEBC stressed that the regulation of campaign finance is essential to protect the integrity of elections. «The regulation of campaign finance is not only a constitutional and legislative requirement, but also a key condition for ensuring fair electoral competition», the commission said.
She added that the limits on contributions and expenses are designed to «create equal conditions for all», preventing the unfair influence of financial resources on political participation, access to voters or electoral competition itself, while preserving the constitutional rights to political participation and freedom of expression. The Commission called on political parties, candidates, headquarters, donors and all other entities subject to regulation to comply with the new rules, including requirements for contributions, expenses, accounting, disclosure, reporting and accountability. «The system has already been established; now all regulated entities are required to take immediate steps to fully and timely comply with the requirements», the commission concluded.
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