IEBC submits poll funding law ‘late’
The implementation of the Election Campaign Financing Regulations, 2020, for use in next General Election risks being scuttled after lawmakers accused the electoral commission of submitting the new rules late.
The lawmakers questioned the motive by the Wafula Chebukati-led Independent Electoral and Boundaries Commission (IEBC) for submitting regulations to the House on the last day. According to the constitution, the regulations should have been submitted and passed 12 months to the elections.
Since tomorrow marks exactly one year to the 2022 polls and putting in mind that the National Assembly is not sitting on Monday, it means technically the regulations are time-barred as they must be considered and approved for use.
The regulations were on Thursday afternoon committed to the committee on Delegated Legislations, which is set to start considering them this week and then write a report to the House for consideration. The House will either agree with the committee or reject its report. By the time the committee will take a report to the House, it will be already past the deadline.
New regulations
It is this loophole that the Sunday Nation has learnt politicians with deep pockets who are ready to splash money are intending to explore and reject the new regulations.
In the event that the House becomes lenient and passes the regulations, other politicians are ready to sponsor activists to challenge them in court on the main account of being time-barred hence cannot be used in next year’s poll.
The new regulations seek to operationalise the Election Campaign Financing Act, 2013 which was suspended in the 2017 General Election.
National Assembly Standing Order 210 stipulates that when a delegated legislation is laid before the House, it stands referred to the committee on Delegated Legislation.
The committee, which is chaired by Tiaty MP William Kamket, has the mandate to consider the election campaign financing regulations and pronounce itself whether it is in accordance with the constitution.
Fundamental rights
Under the Standing Orders 210, the committee is also mandated to check whether a proposed legislation infringes on fundamental rights and freedoms of the public and whether it contains a matter which in the opinion of the committee should more properly be dealt with in an Act of Parliament.
Speaker of the National Assembly has already apportioned blame to the electoral agency for late submission of the regulations to the house.
“They (IEBC) have brought the regulations late. It is not parliament but IEBC which has sat on its role to present the regulations for considerations. This House has the power to make and unmake laws,” Speaker Muturi said.
“Parliament is not a miracle worker. One cannot understand why a person in his right mind can sit on such a law up to the last day. It is coming too late yet it is too important. I don’t want to say much but the house will make a determination,” Mr Muturi said. BY DAILY NATION
Post a Comment