Money and politics: Lessons from Ol Kalou

In recent weeks, Kenyans have been treated to reports on the Ol Kalou by-election that may have left some entertained.

Many are concerned about the huge stupendous amounts spent by candidates and parties and the number of government projects undertaken in one constituency in just a month.

Kenyans were regaled by tales of treats of blankets, mattresses, gas cylinders and even boats. It is not that Ol Kalou residents do not deserve the goodies. By all means, these should be accessible to Kenyans all year round and unconditionally through established mechanisms.

When the amusement tears from the rib-cracking Ol Kalou accounts dry, what follows are premium tears for a country that has failed to regulate campaign spending or put in place mechanisms for funding disclosures.

The disturbing patterns were also observed in other by elections. Beyond the elections are the “empowerment” forums and other events where money and treats are openly dished out while politicians and top civil servants display opulence in convoys of state-of-the-art vehicles and helicopters in the midst of grinding poverty.

While relevant institutions are yet to conclude investigations into the incidents in Ol Kalou, the allegations highlight a governance challenge that has persisted across electoral cycles and demonstrate a political funding infrastructure that is highly dependent on illicit financial flows.

The use of money to influence voters breaches the principles of free and fair elections, distorts democratic competition and weakens confidence in the electoral process.

Candidates with access to vast financial resources enjoy an unfair advantage over their rivals, while voters are exposed to inducements that compromise their ability to make independent choices. Ultimately, the cost of seeking public office creates incentives for corruption as successful candidates seek to recover campaign expenditure through abuse of public resources.

Concerns on how much public, tax-funded resources were siphoned to the campaigns still linger. The events in Ol Kalou are symptomatic of a systemic problem.

Despite the Election Campaign Financing Act, 2013, Kenya has conducted two general elections in 2017 and 2022, without implementing or enforcing the law.

These events should be a wake-up call for Parliament to prioritise the Act. This month, the Independent Electoral and Boundaries Commission (IEBC) invited submissions of memoranda on the Campaign Financing Regulations and the Election Campaign Contribution, Spending Limits and Authorised Expenditures. This is timely and requires support by all.

Kenya cannot continue to postpone reforms that are essential to safeguarding electoral integrity.

The IEBC, the Ethics and Anti-Corruption Commission, the Director of Public Prosecutions, police and other enforcement agencies must promptly investigate the Ol Kalou incidents and take action where evidence exists. IEBC should enforce the Electoral Code of Conduct and prosecute breaches.

The concerns on lack of campaign funding regulation in Ol Kalou were raised by stakeholders – state actors, election management agencies, parties, political party registrars, civil society and others – when they convened in Accra to discuss the financing of politics in Africa.

Issues discussed included the future of political finance governance, commodification of democracy in Africa, political capture and elite domination, the impact of technology and media on the political finance ecosystem, standards for transparency in Africa guided by the UN, women and youth political participation and the cost of politics, and the role of the private sector in reforming political finance systems.

The Accra Declaration was adopted with recommendations to stakeholders involved in monitoring, reporting and regulating money in politics.

Democracy in Kenya cannot thrive where elections are determined by the highest bidder instead of the will of the people.

The country must move beyond treating vote-buying and excessive campaign spending as “unfortunate” election traditions and recognise them for what they are – serious threats to constitutional democracy, accountable governance and ethical leadership.

The writer is the Executive director of Transparency International Kenya.