TERMS OF REFERENCE: UNDERTAKING A STUDY ON COST DRIVERS FOR ELECTIVE POLITICS IN KENYA

1. Introduction

The Elections Observation Group (ELOG) is a permanent, citizen-led, domestic election observation platform with a vision to achieve credible, peaceful, free and fair electoral processes in Kenya and the African region by providing a sustainable monitoring and observation platform that fosters transparent, inclusive and accountable electoral processes.

Since its inception in 2010, ELOG has consistently observed and monitored electoral processes using its 8 thematic lenses and produced reports1 that have continuously informed the citizens as well as reform conversations in the country. Additionally, in collaboration among several state and non-state electoral actors2ELOG has produced consolidated reports3summarizing critical observer findings and recommendations from general elections and produced reports which have acted as tools for advocacy and lobbying by civil society organizations working in the electoral environment. Taking an electoral cycle approach, ELOG with the support of URAIA Trust is implementing a project whose main objective is to safeguard the Integrity of the Electoral Reforms in Kenya.

For this study, elective politics refers to competing for any of the 6 elective positions as provided for in the Constitution of Kenya. Elective positions represent both the national and county governments.

2. Background and Justification

The impact of money in democracy manifests in three main areas; campaign financing, cost of the ballot and funding of political parties. Campaign financing can be defined as resources used to secure votes before elections. This resource is largely utilised during campaigns with the primary objective being to get elected into office. Funding political parties refer to the costs that are meant to fund the operations of political parties usually based on some eligibility criteria. Money in politics involves the cost of the ballot and is defined as the monetary value that the election management body (bodies) expend to conduct an election. These costs are more regulated and documented since they are spent by government agencies, are well accounted for and can be audited. The main issue on the cost of a ballot is therefore, more often than not, the amount of money used to conduct an election which is mostly calculated using the cost per ballot/voter.

In Kenya, the cost of elections has increased exponentially over the previous elections, with the budgetary allocation at approximately 180 million USD in 2013 and rising to around 396 million USD in 2017 due to the repeat presidential elections. Based on the 2017 budgetary allocation, the cost of elections per voter in Kenya stood at about 18.50 USD per voter, surpassing the average cost per registered voter index benchmark of 5 USD per voter by a significant margin. With 22,120,458 registered voters in 2022 and a budgetary allocation of approximately 330 million USD, the cost of elections in Kenya reduced to about 14.80 USD per voter, still significantly above the 5 USD international benchmark. At an average cost of about 20 USD per voter, Kenya’s election is one of the most expensive elections in Africa and the second most expensive in Kenya's history. Indeed, Kenya’s average cost for polls surpasses the Average Cost Per Registered Voter Index (ACRVI) benchmark of 5 USD per voter by a considerable margin. ELOG 2022 final election observation report observed that:

“The cost of elections has increased exponentially over the previous elections and…based on 2017 budgetary allocation, the cost of elections per voter in Kenya stood at Ksh 2,500 making the Kenyan elections as one of the most expensive in the world”4.

ELOG further noted that it:

“remained concerned over the high costs of politics in Kenya for various reasons. One, it reduces elections to a mere transactional affair, which transforms elections into a type of trade as opposed to a key pillar of democratic governance. Two, it undermines the viability and functionality of representative democracy. Third, it undermines the principle of inclusion in politics and elections as it excludes capable candidates who are less endowed with resources, such as the marginalized categories of women and youth candidates. Fourth, it entrenches political patronage and promotes patronage networks. Fifth, it promotes abuse of public office as it encourages theft of public resources and undermines effective oversight over the use of public resources. Finally, the handouts that come with huge political campaign spending promote public dependency syndrome”.

Based on the foregoing and noting that one of its core values is inclusivity, ELOG intends to commission a study on the fundamental causes that create and drive the cost of elective politics in Kenya and use such information not only to inform citizens but also inform any legal framework that is intended to regulate the use of money in Kenya’s elections.

3. About the Study

ELOG intends to undertake a deep-dive study on the cost drivers of elective politics and their implications on electoral democracy in Kenya. As indicated above, elective politics refers to competing for any of the six (6) elective positions as provided for in the Constitution of Kenya. The information gained from such a study will provide not only comprehensive information on the matter but also provide platforms of engagement in which critical state and non-state electoral actors consume and engage with.

3.1 Objectives of the Study

The main objective of this study is to establish what factors create and drive the costs of elective politics in Kenya.

Specifically, the study aims at the following:

a. Identify and highlight cost drivers of elective politics in Kenya.

b. Highlight the implications such drivers to the cost of elective politics

c. Propose alternative means to aspirants, candidates and citizens on possible ways of navigating through these costs for effective participation.

d. Propose guidelines to policy-makers, in particular the Independent Electoral and Boundaries Commission (IEBC) and Parliament when making determinations related to regulation of funds being used with regards to Kenya’s future elections.

4.0 Terms of Reference

Analyze and compile key issues related to the study aims outlined above.

4.1

Deliverables:

To develop comprehensive report based on the above TORs

4.2

Timeframe

: The assignment should be completed within 20 consultancy days.

5.0 Expertise Required

The person required to undertake the assignment must have;

a) Extensive practical knowledge and experience on elections and the electoral cycle

b) Experience in conducting research work, especially on electoral related areas.

c) Excellent analytical skills and ability to review literature extensively.

d) Ability to draw data from case studies and experiences from a variety of local, national and regional organization and linking them to regional and international policy, advocacy and best practices.

e) In-depth knowledge of Kenya’s electoral legal framework.

f) Atleast an undergraduate degree in law, social sciences, political science disciplines.

6.0 How to Apply

Interested consultants should submit an expression of interest , CV/Profile and previous work as one PDF document, by

<16th September 2024

to undertake the assignment in the form of a letter:

a) Expressing an interest to undertake the assignment

b) Experience and suitability for the consultancy

c) Consultancy fees

d) CV with references