Proposed law to allocate public funds to independent poll aspirants

Independent candidates who garner at least five per cent of votes in an election could soon receive public funding under new changes proposed to the Political Parties (Amendment) Bill, 2024.

The amendments, fronted by Suba South MP Caroli Omondi, aim to expand the Political Parties Fund to include qualified independent candidates.

The changes are set to be debated in the National Assembly next week.

Omondi seeks to remove a clause that would have created an Independent Political Parties Regulatory Commission and instead proposes the formation of an advisory board to manage the fund.

The new provision, Clause 5A, would establish what is now called the Political Parties and Independent Candidates Fund.

This fund would be overseen by a four-member advisory board comprising a registrar (who will also serve as chair), a lawyer with over ten years' experience nominated by the Law Society of Kenya, a certified accountant nominated by the Institute of Certified Public Accountants, and an arbitrator nominated by the Chartered Institute of Arbitrators.

“These people will not be appointees of the political parties but will be independent and recruited competitively. This route is cheaper than having a commission,” Omondi said as reported by the Daily Nation.

He noted that the board members would serve a non-renewable three-year term on a part-time basis, with the Office of the Registrar of Political Parties providing secretarial support and facilities.

Omondi said that although the prospect of financial support may attract more independent aspirants, that alone should not be a concern in a democratic society.

“There is no limit to political parties that can participate in any election, that’s the same way there should be no limit to independent candidates,” he stated.

The proposal further seeks to amend section 25 of the current law to allocate 70 per cent of the Political Parties Fund to both political parties and independent candidates in proportion to the total votes they secured in the last general election.

To qualify for funding, an independent candidate must have received at least five per cent of the votes in their respective contest.

Additionally, 15 per cent of the fund would be distributed based on the number of elected candidates from special interest groups under both political parties and independent banners. Another 10 per cent would go directly to independent candidates, depending on their total vote count.

The proposed law outlines that the funds should be used to cover election-related expenses, with a cap of 30 per cent allowed for administrative and staff costs.

“The money allocated to a political party or an independent candidate shall not be used for any purpose other than those specified in this section,” reads the draft.

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