Curb the abuse of public resources in poll campaigns

By , July 28, 2022

It is a mad dash for all candidates, to woo voters, with just days to the elections. This campaign period has been marked by electoral offences such as the use of public resources that have given an unfair advantage to some candidates and ultimately compromising the integrity of the electoral process, eroding public confidence in the legitimacy of the process, and created an unlevel playing field for other candidates.

While we have previously had to worry about access to public resources by only one presidential candidat –usually the incumbent—this year is unique as two of the leading presidential candidates have State assets within their disposal—despite their protests to dispute the fact.

Complaints on the use of government vehicles, local development funds and other resources, and high-ranking public officers at the national and county level involved in high octane political activities, have been made in this campaign season.

A preliminary analysis of Campaign Watch—a safe, confidential online portal that collects information on the use of State resources in election campaigns—indicates the use of State facilities, administrative staff involvement in campaigns and the use of public funds are among the most prevalent this year. About 1,200 cases from 34 counties on the misuse of State resources during campaigns have been reported through Campaign Watch, run by Transparency International Kenya.

The use of State resources in election campaigns undermines the aspirations of Kenyans as espoused in Chapter Six of the Constitution; the Leadership and Integrity Act, 2012; and the Public Officer Ethics Act, 2011; provisions that respectively call for public integrity and which require State officers not to misuse public resources entrusted to them.

The misuse of public resources in campaigns not only violates basic standards of democracy such as fair competition among candidates, but also undermines attempts to regulate election campaign finance. Consequently, big money that has been unregulated in the campaigns has led to voter bribery and vote buying, intimidation of opponents or citizens perceived to be supporting the opposing camps, and violence; offences that have the twin potential of altering public choice processes, hence producing leaders of dubious integrity as witnessed in past elections. The manipulative misuse of public resources to finance election campaigns has also weakened our economy amid the skyrocketing cost of living.

For these reasons and to redefine democracy to reflect the government ‘of the people, by the people, for the people’ principle, the use of public resources during campaigns must be curtailed. In future, the Independent Electoral and Boundaries Commission (IEBC) should move to enforce strict adherence to the legal timeline guiding political campaigns as this political season has gone beyond the 70 days designated for the campaigns, having started as far back as 2018 for some candidates, thus leading to the massive haemorrhage of taxpayer resources.

Kenyans must de-campaign the use of big money in the ongoing election campaigns and reject handouts because some of the money dished out as ‘allowances’ for public rallies or other meetings attended, for disrupting a competitor’s meeting, for involvement in violent activities and other illicit actions in the campaign trail, is your money. Oversight institutions should act on the abuse of public resources in the campaigns. For many years, this offence has gone unpunished thus emboldening perpetrators and fueling impunity.

The Office of the Auditor General should report on the use of public resources at campaigns as part of the public audit process. The Ethics and Anti-Corruption Commission should monitor and investigate the use of public resources, with the Office of the Director of Public Prosecutions initiating legal proceedings against individuals and political parties suspected of committing this electoral malpractice.

Abuse of State resources for electoral purposes is detrimental to us, and the nation’s future. Report any abuse witnessed to relevant authorities or anonymously through the ‘Campaign Watch’ portal and reject candidates abusing citizens’ hard-earned resources to run campaigns.

— The writer Executive Director, Transparency International Kenya

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