New Bill proposes stricter regulations on politicians' harambee participation, curb corruption

State and public officers may soon face stringent regulations on their participation in harambees if a new Bill currently before Parliament is passed.

The Public Fundraising Appeals Bill, 2024, introduced by Kericho Senator Aaron Cheruiyot, seeks to establish clear guidelines for public fundraising events, aimed at curbing corruption and ensuring that such activities are conducted transparently and ethically.

The Bill, which proposes mandatory licensing for state and public officers involved in harambees, also outlines severe penalties for those who violate its provisions.

Cheruiyot notes that the legislation is also part of a broader effort to protect the public from misleading or coercive fundraising practices while preserving the spirit of community support that harambees represent.

According to Section 13 of the Bill, “A State officer or an appointed public officer who contravenes the provisions of this section shall be liable to a fine not exceeding five million shillings.”

The section further classifies such violations as an election offence, which could lead to the offender being barred from running for public office.

Politicians planning to run for office would also be prohibited from participating in harambees for at least three years before a General Election.

The Bill also mandates that beneficiaries of harambees must disclose the sources of their contributions and include this information in their Kenya Revenue Authority (KRA) income tax returns.

Fine

Failure to comply with these requirements, the Bill notes could result in fines of up to Sh2 million or imprisonment for up to three years for non-state and public officers.

"The Bill is developed against the need to maintain the altruistic rationale that public appeals (Harambees) serve in the Kenyan society while addressing the shortcomings that have accompanied this process," Cheruiyot said.

He added that the Bill seeks to replace the outdated Public Collections law, which no longer fits the devolved governance structure and fails to effectively address corruption related to harambees.

The Bill comes at a time when there was public outcry, particularly from Gen Z protesters, over the extravagant displays of wealth by politicians at harambees.

The outcries were fueled by Kapseret MP Oscar Sudi's Sh20 million contribution at a harambee sparking anger among youth and eventually leading to President William Ruto to temporarily ban state and public officers from participating in harambees.

The President also directed the Attorney General to draft new legislation addressing the concerns.

The proposed legislation also includes provisions to support voluntary contributions by offering financial incentives, which Cheruiyot argues are lacking in the current regulatory framework.

If enacted, the Bill will require the Cabinet Secretary responsible for social development and the respective County Executive Committee Member (CECM) to implement the law within 60 days and submit annual reports on harambee activities to Parliament and county assemblies.

The Bill was tabled in the Senate on August 1, 2024, and is now under review by the Committee on Labour and Social Welfare.