Nairobi — The Independent Electoral and Boundaries Commission (IEBC) has stepped up its call for Parliament to enact robust new laws governing campaign financing, saying the current legal gap exposes elections to unchecked spending, illicit funds and the risk of foreign influence.
Speaking during National Assembly leadership retreat, IEBC Chairperson Erastus Edung Ethekon described the failure to enforce a comprehensive Election Campaign Financing Law as a major vulnerability that could compromise the credibility and fairness of the 2027 General Election.
"The absence of clear, enforceable rules on who can fund campaigns, how much they can contribute and from where those funds originate weakens our democratic processes and opens the door to undue influence," Ethekon told lawmakers.
Campaign Financing Vacuum
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The Election Campaign Financing Act enacted in 2013 to regulate political spending has never been fully implemented because Parliament delayed adopting the implementing regulations, effectively hamstringing efforts to limit campaign expenditures and monitor contributions.
The law, as it stands, provides for disclosure of donors, spending limits and restrictions on contributions from foreign governments, but these provisions remain largely dormant due to regulatory gaps.
A recent civil society report found that, in the absence of campaign finance controls, politics has been flooded with opaque and unregulated funds, making it easy for illicit money to shape electoral outcomes and for corruption to influence campaign dynamics.
The report highlighted how cash and off-the-books spending fuelled the 2022 elections, with billions of shillings circulating outside transparent channels.
Illicit Funding
A key element of IEBC's proposal is to explicitly ban foreign donations for election campaigns closing a loophole that currently leaves room for international interests to indirectly influence elections.
The commission is also pushing Parliament to define clearly who qualifies as a permissible donor and to tighten the caps on contributions and spending by individuals, political parties and interest groups.
"Without statutory clarity, campaigns continue in an environment where wealthy interests can exert outsized influence without scrutiny," Ethekon said.
The IEBC Chairman urged lawmakers to adopt the reforms at least 12 months before the polls to give the IEBC time to implement and enforce the new regime.
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Part of the IEBC's proposed overhaul includes scrapping outdated committee frameworks that currently govern party and candidate expenditure reporting.
The commission argues that eliminating mandatory Party, Independent Candidate and Referendum Expenditure Committees will streamline accountability and place clearer responsibility directly on candidates and parties to disclose their finances.
Ethekon also stressed that laws alone are not enough adequate funding and a clear mandate are essential to ensure enforcement
This aligns with ongoing concerns over IEBC's broader funding gaps as it prepares for the 2027 polls, including a reported shortfall of billions of shillings needed for general electoral operations and technology upgrades.
"The credibility of the process will depend on institutional readiness, transparency and timely resourcing," he said.
The commission urged Parliament to prioritise campaign finance reform as part of a comprehensive legal package that also includes compliance with the two-thirds gender rule and clear definitions for election technology audits.
