Infusing Integrity in Elections: a Case for Regulating Corporate Campaign Contributions in Kenya

Abstract

Money is the oil that greases Kenyan politics. Corruption is equally viewed as a key feature of Kenyan politics since 1990. This study examines how constitutional and statutory developments in Kenya since 2010 have regulated corporate contributions to candidates and political parties. The research undertakes the examination to establish whether these developments regulating corporate campaign contributions have so far ensured integrity, transparency and fairness in the electoral process. The efficacy of these constitutional and statutory strategies is assessed against the question as to whether they have reduced corruption and undue influence in the electoral process. The efficacy is further evaluated against the question whether it is possible to permit corporations to contribute financially in the political process without compromising the integrity of the electoral process. The study makes four arguments. The first argument is that Kenya’s political and historical account depicts a struggle by Kenyan politicians to resist the regulation of campaign financing. The second argument is that the legal framework regulating corporate campaign contributions in Kenya has significant gaps, weaknesses, and contradictions that hinder the effective regulation of such contributions. The third argument is that the implementation of the campaign financing laws in Kenya is a highly politicized process which requires the good will of politicians to effectively implement it. The fourth argument is that corporate campaign contributions in Kenya can be effectively regulated by concerted efforts from all the players in the electoral process including the IEBC, the financial regulators, candidates, political parties, corporations, non-governmental organizations, and election observers. The study recommends implementation of the Election Campaign Financing Act, 2013 and amendments to entrench transparency and integrity in financing of politics noting that implementation is a deeply politicized process involving politicians who cherish opacity in the financing of politics in Kenya.