IEBC sued over 2027 campaign finance regulations

A row over capping political campaign funds has erupted, with the Independent Electoral and Boundaries Commission (IEBC) accused of deliberately omitting transparency and audit processes from its new requirements.

The Republican Liberty Party and Grassroots Development Party argue that the Ethekon Edung-led commission has allegedly allowed illicit, unmonitored funds to enter the electoral process by failing to require aspirants to disclose their sources.

At the same time, their lawyer, Onwong’a Nyakirega, argued that the commission further ignored an audit requirement on how the money will be used.

He claimed that without proper safeguards, the money will be used for buying voters and bribery.

“The impugned Regulations contain severe substantive gaps, drafting defects, and structural loopholes that fail to prevent circumvention of spending limits, omit beneficial ownership tracking, lack donor due diligence mechanisms, and exclude digital campaign expenditure. Campaign financing and political expenditures under the defective framework are actively ongoing. Once illicit, unmonitored, or undisclosed funds enter the electoral process, the harm cannot be remedied retrospectively after polling day,” argued Onwong’a.

The commission published Election Campaign Regulations, 2026 on August 7, 2026.

IEBC has set a spending limit of about Sh6.1 billion for anyone intending to vie for the presidential seat in the 2027 General Election, covering a population of about 47.5 million and 585,307 square kilometres.

The second schedule of the regulations highlights the county election, covering Governor, Senator, and County Woman Member.

For each of the three positions, the highest spending limit is in Nairobi, set at Sh181.3 million, followed by Turkana at Sh142 million, then Marsabit at Sh127 million, Wajir with Sh120.7 million, Kiambu follows with 110.9 million, then Garissa with Sh106 million.

Among the lowest spending for each of the three positions has been set at Sh28.6 million in Lamu, Sh32.2 million in Tharaka Nithi, Sh35.6 million in Elgeyo Marakwet, Sh36.6 million in Vihiga, Sh38.1 million in Nyamira and Sh38.8 million in Kirinyaga.

For the Member of the National Assembly, the IEBC has set the highest spending limit in North Horr at Sh100.4 million, Wajir South at Sh73 million, Turkana North constituency at Sh59.7 million, some Sh59.4 million in Laisamis, Turkana West at 56.3 million, Isiolo North at some Sh53.2 million, and Turkana East at Sh51.3 million.

Among the lowest spending is in Wundayi at Sh15.4, Kangundo at Sh16.7 million, Sh16.74 in Mathioya, Lamu East with Sh16.9 million, Sh17 million Vihiga, Sh17.1 million in Emuhaya, Kathiani with Sh17.5 million, Sh17.9 million in Gatundu South, Sh17.6 million in Gatundu North, Rabai with Sh18.1 million, Maara at Sh18.2 million, Sh18.3 million in Changamwe and Sh19.4 for Mvita among others. The spending limit for the 1,450 County Assembly Ward elections ranges from about Sh15 million to Sh3 million.

At the same time, the IEBC set Sh24.4 billion as the political parties’ spending limit, with the bulk of the money expected to go towards transportation at Sh16.1 billion, advertising and media at Sh2.5 billion, Sh2 billion for election agents and administrative costs at Sh1.2 billion.

Other high spending will be on venues, capped at Sh375 million, for campaign personnel at Sh332.9 million, security at Sh285 million and Sh213.8 million for nomination fees and charges.

The unit cost at each electoral level is therefore determined from the idea quota for population and land area as follows: unit cost for population at each electoral level equals the total average campaign cost at each electoral level less fixed costs times weight of population (70 per cent)/population quota at each electoral level,” the IEBC has explained.

However, in court, Onwong’a argued that his clients were apprehensive that the commission had not explained how it came up with the formula. According to him, the commission ignored stakeholders’ input on how much should be spent and how it should be accounted for.

“Enforcing an irrational, practically unworkable, and defective delegated legislative framework ahead of the August 2027 General Elections poses an immediate threat to transparent, accountable, and fair electoral competition,” he argued.

Republican Party chair Zacharia Momanyi claimed that the Political Parties Liaison Committee (PPLC) submitted consolidated feedback and recommendations which would have allegedly given all candidates an equal platform to campaign.

He argued that the current regulations mask corporate vehicles and shell organisations that will influence elections through money, omit algorithm campaign expenditures, fail to enforce pre-election and post-election disclosures and have no place for whistle-blowing and enforcement.

“Despite the more than 76 registered political parties submitting a comprehensive 23-point Joint Memorandum detailing crucial safeguards, including independent spending limits, beneficial ownership, digital campaign tracking, and whistleblower protections, the first respondent systematically failed to incorporate substantive safeguards, rendering public participation illusory,” argued Momanyi.