Politicians must obtain licences before conducting any form of Harambee or fundraising in the new proposed law.
This law has already caused division among lawmakers. Whereas some others hailed the Public Fundraiser Appeals Bill, 2019, as one that would help streamline harambees, others said it portends a crisis if some provisions are not changed.
The proposed law posits that those seeking to hold harambees must obtain a licence. No one would be allowed to solicit for cash donations from members of the public without a licence.
Applications will be made to the County Policing Authority, which is chaired by a governor, at least 21 days before the fundraiser.
County police commanders, county commissioners, county NIS and DCI chiefs, two MCAs and members of interest groups comprise the authority.
Applications for fundraiser licences will be vetted by the Public Fundraising Appeals Committee, which will be mandatory for harambee organisers.
Those contributing money must specify its source and declare the same in the income tax returns submitted by that person pursuant to the Income Tax Act.
The Bill proposed by Ndaragwa MP Jeremiah Kioni bars MPs and MCAs from taking part in fundraising drives during their term in office.
The Constitution Implementation Oversight Committee chairman said it will go a long way in protecting members of the public from fraudulent fundraiser appeals.
The bill seeks to regulate the amount of money to be used in funding the drives and provides that planning expenses be capped at not more than five per cent of the targeted amount.
The bill is due for the Third Reading in the Committee of the Whole House on Tuesday after which it will await assent by President Uhuru Kenyatta.
Fundraisers are a contentious conversation in the 2022 political debate. DP William Ruto has been under fire by his rivals over his penchant for harambees.
ODM leader Raila Odinga, who is not keen on the drives as a means to spur growth, also took part in one on Sunday.
His wife Ida recently raised over Sh170 million for constructing a library at her former school, Ogande Girls in Homa Bay.
MPs poked holes on some of the proposals in the bill, citing risks to the extent of defeating the essence for which communities or persons pool resources for a cause.
Nandi MP Tecla Tum opposed the proposal requiring declaration of the source of contributions and inclusion of the same in income tax filing.
“This will kill the morale of people who want to contribute towards fundraisers that are as a result of emergencies,” the MP said.
Funyula MP Wilberforce Oundo supported the bill, citing the “tremendous impact of harambees in the society”.
“I am reluctant to join the fray that generally controls and regulates the process that defeats the spirit of harambee. But the spirit has been abused and is turning to be extortionist.
“We need to separate those that require regulations and those that don’t. The exclusion should consider traditional activities. We must regulate harambees to avert the situation of turning them into money laundering avenues,” Oundo said.
Nominated MP David Sankok said there is a need to audit the funds raised by members of the public so that they are not used outside the purpose for which the drive was organised.
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Matungulu MP Stephen Mule pointed out grey areas in the bill, among them the call for incentives to people who contribute.
“It is a bad directive. We cannot sit and create a law which gives incentives for someone who is giving. It is not a must to give. We need to be clear on the incentives we grant to those who contribute,” the MP said.
He said the proposal barring MPs and MCAs from participating in fundraisers was not realistic.
“As a Member of Parliament, you need to be in touch with the events in your constituency. You cannot be left out of this noble idea. We will support the bill on accountability but not blocking us from taking part,” Mule said.
Gatanga MP Joseph Nduati said it is important to involve other government agencies such as public works to help arrive at estimated costs of projects.
Sirisia MP John Waluke said: “Harambees are good. It helped me the other day when members contributed to bail me out. It is good that people who are being fundraised for are honest.”
Kioni said there would be room for considering the views of the members during the Third Reading of the Bill.
