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were statutory instruments requiring Parliamentary approval. Moreover, by
dint of section 5A of the Election Campaign Financing Act, public consultations
were required before tabling the draft regulations in Parliament and where it
was not carried out, an explanatory note was to accompany the Regulations
when forwarded to Parliament. Since no explanatory note was availed and
no justification was offered by the IEBC for the failure to carry out public
consultations, the Regulations did not pass constitutional and legislative muster
for want of public participation and Parliament acted within its mandate in
revoking the 2020 Regulations. Section 29(1) of the Election Campaign Financing
Act, which required Election Campaign Financing Regulations to be tabled in
Parliament before publication in the Kenya Gazette, was also considered contrary
to Article 10 and 88 of the Constitution. In relation to contribution limits, spending
limits and authorised expenditures, the Court ruled that once public engagement
on these was carried out, there was no need to transmit the limits to Parliament
for approval.
BENCH BOOK ON ELECTORAL DISPUTE RESOLUTION