Wahome Thuku
1 October 2007
opinion
Nairobi — KENYANS ARE SET FOR YET another show of power and money that comes with every election. From cash-showering choppers, Hummers and other fuel-guzzlers, to giant billboards, acres of newspaper space and hours of TV and radio commercials, the stage is all set for a huge display of wealth.
Even before the contest kicks off, ODM-Kenya presidential candidate Kalonzo Musyoka has already cried foul, demanding that the other two presidential candidates and parties be compelled to disclose their sources of campaign funding. And he has reason to worry.
The question of campaign funding is critical and has already been addressed through an Act of Parliament.
The Political Parties Bill, which was intended to take care of that, has now finally sailed through.
In the United Kingdom, elections are governed by the Representation of People Act of 1983 and the Political Parties, Elections and Referendums Act of 2000.
The two laws regulate funding of parties and candidates, campaign broadcasts and all other forms of electoral conduct.
Political parties are allowed to spend only in accordance with the number of candidates they field. All candidates and parties are required to submit accounts of their expenditure to the Returning Officer within 21 days after the election results are announced.
A disparity in such accounts, or over-expenditure, is regarded as corruption and forms good grounds for election petitions. The limit for party campaign expenditure is set by the Electoral Commission a year before the elections.
Airtime on licensed stations is allocated according to the number of votes a party got in the previous election and any subsequent by-elections.
UK LAWS BAN UNIDENTIFIED PEO-ple making donations to political parties. The parties must submit quarterly reports to the Electoral Commission on donations they receive. During elections such reports must be made weekly.
The many fund-raising meetings that have become common in Kenya during elections, organised by individuals and amorphous groups, would be illegal under such laws.
Many European countries, including Denmark, France, Germany, Greece, Spain and Italy, set aside funds for political parties. In the UK, parties are only funded for their parliamentary work, and not elections.
During his heyday as Kanu secretary-general and Cabinet minister, Mathioya MP Joseph Kamotho defended use of State vehicles and other resources by ministers for campaigns arguing that the line between a minister's official and private duties could not be distinguished.
But during the 2005 referendum, Mr Kamotho and other Orange luminaries accused Narc ministers of using Government resources to campaign. Such accusations will most likely be repeated.
While the law may not be changed overnight to level the playing-ground, it would be prudent to ensure some equality among all candidates.
Parties and presidential candidates could be allowed free access to public facilities such as the Kenyatta International Conference Centre. Bodyguards should be assigned to all candidates.
The point here is that democracy need not wait until a law is enacted to level the playing-field. Elections conducted on grounds tilted in favour of the incumbent will always be unacceptable.
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