Bill drops bid to bar State officials from fundraisers

Politicians and top government officials will continue holding fundraisers after MPs scrapped a section of a Bill that barred them from taking part in harambees.

The lawmakers also threw out a Sh800,000 fine that the Bill imposed on all Members of Parliament and County Assemblies for participating in fundraising (harambees).

The Public Fundraising Appeals Bill, which outlaws funds drive organised by churches, schools, groups and individuals whose purpose is not well stipulated, now awaits President Uhuru Kenyatta’s signature to become law.

MPs annulled the section that stipulated that “an elected or nominated Member of Parliament or of a County Assembly shall not participate in a fundraising function or conduct a fundraising appeal during his or her term as a Member of Parliament.”

The MPs also removed a punitive fine for those found guilty of conducting harambees during their term in office.

“A person who contravenes the provisions of this section shall be liable to a fine not exceeding eight hundred thousand shillings,” read the invalidated section 20 of the original Bill sponsored by the Constitutional Implementation Oversight Committee (CIOC) chairperson Jeremiah Kioni.

The MPs instead inserted a new section that bans State officers from using their office or place of work as a venue for soliciting or making public collections.

“A state officer who takes part in a public collection shall not use the office or place of work as a venue for soliciting or making public collections; or obtain money from a person by using his or her official position in any way to exert pressure,” reads the new part of the Bill.

This means that the President, the Deputy President, governors, MPs and Members of the County Assemblies and other State officers cannot use their offices to solicit cash for harambees.

The Constitution defines a State officer as a person holding State office.

It lists State office as the President, Deputy President, Cabinet Secretary, Member of Parliament, Member of County Assembly, governor or deputy governor or other members of the executive committee of a county government.

The Attorney General, judges and magistrates, constitutional and independent office holders, Director of Public Prosecutions, secretary to the Cabinet, principal secretary among others are also listed as State officer.

MPs have in recent years pushed for salary increments, citing pressure from constituents demanding harambee contributions.

A section of politicians have raised eyebrows with their “generous contributions” to churches running into millions of shillings, with allegations that they use the church to cleanse proceeds of graft.

The Catholic Church banned cash donations from politicians and required the contributions can only be through mobile money transactions or cheques.

The new Bill directs that anyone wishing to conduct a harambee must apply for a licence at the respective county at least 21 days before the fundraiser.

The new law will see fundraisers controlled by the Public Collections Committee or the relevant County Policing Authority, which will be chaired by the Principal Secretary in charge of social protection and police commander respectively.

The applicant will be required to include the full names and address of the person intending to conduct the public collection and the purpose of the public collection.

Mr Kioni says the proposed law will repeal the Public Collections Act of 1960 that he adds lacks robust legal architecture to guard against use of harambees to cleanse proceeds of corruption.

The law opens doors for the Auditor General to audit the utilisation of funds raised through the harambee.