President William Ruto has suffered a blow in his bid to regulate harambees after senators rejected a bill that technically bars them from participating in the fund-raising drives.
In a near-unanimous rejection, the lawmakers said the Public Fundraising Appeals Bill, 2024, will erode the “brotherhood” spirit harambees have instilled over the years.
“Harambees have created cohesion in this country. Most of the students today as well as many of our professionals went for scholarships outside the country through harambees,” Wajir Senator Abass Mohamed said.
Harambee, (all pull together in Kiswahili), is the official motto of Kenya, appearing on its coat of arms.
It is a long-standing tradition of community self-help, raising money for development, projects, building a church, and even paying medical bills for those unable to pay.
Harambees have been criticised because many politicians donate large sums, especially to churches, to ingratiate themselves with residents and woo votes.
They also have been used for money laundering. Many harambees, however, are honourable community efforts.
The President, through Senate Majority leader Aaron Cheruiyot, had introduced the Bill following Gen Z protests in July over corruption and the ostentatious and opulent lifestyles of some state officers.
The proposed law forbids aspirants for political seats from participating in harambees at least three years before a general election.
“A person who intends to view for a public office shall not participate in a public fundraising appeal within three years proceeding a general election,” the Bill reads.
The Bill also prohibits all state officers and appointed public officers from participating in Harambees during their term in office.
The Bill was submitted against the backdrop of public uproar over the mindboggling contributions made by politicians in harambees every weekend.
In some cases, politician have contributed as much as Sh20 million in one drive, triggering an outcry about their sources of income.
If enacted, the law would deal a blow to the hopefuls who use the fundraising platforms to anchor their election bids and gain political ground.
However, the senators said the Bill only serves to cut off the dreams and punish many distressed Kenyans who rely on fundraisers for, among others things, school fees and hospital bills.
“My classroom when I was in Class 1 was built with harambee funds. Therefore, I cannot say harambees should be stopped or monitored. That cannot work for us,” Abass said.
Elgeyo Marakwet Senator William Kisang said harambees are at the cornerstone of the country’s development, cohesiveness, and brotherhood.
The lawmaker said many schools, churches and other social places were built through harambees.
“As a country, we cannot do without harambees. Most of our churches were also built through harambees. I remember I almost missed going to Form 1 because my parents did not have anything,” the senator said.
Migori Senator Eddy Oketch cited the failure of anti-graft agencies to rein in crooked politicians who use harambees to syphon public funds.
“This Bill is not the right way to respond to this problem because he (the President) is trying to legislate against bad behaviour,” he said.
“You cannot legislate politician’s bad behaviour of using the fundraising platform to control, rule, disrespect and take advantage of the people. This Bill is indicting the Ethics and Anti-Corruption Commission. We established a constitutionally authorised institution, the EACC, to deal with the misbehaviour of public officers and officers,” he said.
Oketch narrated how he almost missed an opportunity to join Friends School Kamusinga when President Mwai Kibaki banned harambees.
“Then today you are saying that for children like me, who might not have been aggressive enough to get to a district commissioner now have to go to a Cabinet Secretary or a county executive committee member to get a fundraising document to go and raise money. Where are we going as a country?” he asked.
Kakamega Senator Boni Khalwale said, “I would be the last person to fight the harambee spirit because if it had not been for the Sh100 in 1976, which Mwilista Lihalang’ang’a gave me as a contribution to my harambee, I would not have finished my education in Musingu High School.”
Narok Senator Ledama Olekina called regulating harambees ill-advised.
“Regulating this kind of fundraising is making sure we are condemning this generation to poverty. I completely detest that approach,” he said. Nominated Senator Beatrice Ogola blamed politicians for abusing harambees that have helped transform society.
“The harambee spirit is a spirit of our forefathers. When we were growing up, there were even schools that were referred to as harambee schools,” she said.
Machakos Senator Agnes Kavindu said, “The second reason I cannot vote ‘yes’ for this Bill to outlaw fundraising is that most of the patients have hospital bills they cannot afford to pay.”
The radical Bill, however, has exempted tithes and offerings from the regulations, as they are not classified as fundraising appeals.
“Despite the provision of Section 10, the following does not constitute a fundraising appeal for the purposes of this act…,” the Bill reads.
The Bill would exempt “money or property collected by or under the authority of a recognised representative of a religious association registered under the Societies Act for normal collections such as tithes and offerings for the purpose of carrying out developments or projects for the benefit of the association”.
Soliciting or receiving any money or benefit from raffles, lotteries or other activity authorised or permitted under the Betting, Lotteries and Gaming Act, or any other relevant law are also exempted.
The proposed law also permits private fundraising appeals where the drive is conducted by close family members to support their relatives.
The new Bill provides tough conditions for fundraising.
“The Bill is developed against the need to maintain the altruistic rationale that public appeals (Harambees) serve in the Kenyan society while addressing the shortcomings that have accompanied this process,” the Bill reads.
Besides acquiring a permit, the state shall vet the venue of the drive and the organisers.
The organiser shall declare reasons for a Harambee and the intended amount to be collected.
The organisers shall file a financial report to the government every three months after the event; the state would be mandated to inspect the financial books of the benefi - ciaries of the appeals.
In addition, the contributors to the fundraising appeals must declare the sources for their contributions in an apparent effort to curb graft.
“A person who receives funds as a beneficiary or for the benefit of a beneficiary, who is a child, under a fundraising appeal, shall declare such contribution in income tax returns submitted by such person under the Income Tax Act,” the Bill reads.
The harambee application, the
Bill states, shall indicate the full
name and address of the person or
organisation intending to conduct
the fundraising appeal, the purpose of the fundraising, and the
necessity for the drive.
