Kenyan senators rejected President William Ruto’s proposed Public Fundraising Appeals Bill, 2024, which sought to regulate harambees a long-standing Kenyan tradition of community self-help. The Bill, introduced by Senate Majority Leader Aaron Cheruiyot, faced strong opposition, with lawmakers arguing it would erode the communal spirit and brotherhood that harambees have fostered for decades.
A Tradition of Unity and Development
Harambee, meaning “all pull together” in Kiswahili, has been Kenya’s national motto, symbolizing collective effort for community development. It has been instrumental in raising funds for schools, hospitals, churches, and even personal emergencies like medical bills. Senators highlighted the role of harambees in uplifting individuals and communities, particularly in providing education opportunities and infrastructure development.
“My classroom when I was in Class 1 was built with harambee funds,” said Wajir Senator Abass Mohamed. Similarly, Elgeyo Marakwet Senator William Kisang described harambees as the cornerstone of Kenya’s societal cohesion and development.
Concerns Over Misuse and Corruption
Despite its noble intentions, the harambee system has drawn criticism for being exploited by politicians to gain public favor, launder money, and boost their electoral prospects. Public uproar has frequently followed instances where politicians contributed sums as high as Ksh20 million in a single drive, raising questions about the sources of their wealth.
To address these concerns, the proposed law sought to restrict public officers and political aspirants from participating in harambees. Specifically, the Bill prohibited those vying for public office from engaging in fundraisers three years before an election. It also required all fundraisers to be vetted and regulated, with organizers mandated to disclose the purpose, venue, and funds raised, along with providing financial reports to the government.
Senators Push Back
Lawmakers, however, argued that the Bill was misdirected. Instead of banning politicians from harambees, they suggested strengthening the Ethics and Anti-Corruption Commission (EACC) to handle cases of financial impropriety. Migori Senator Eddy Oketch criticized the Bill for attempting to legislate against “bad behavior” rather than enforcing existing anti-graft measures.
Oketch also shared a personal account of how he almost missed joining Friends School Kamusinga when former President Mwai Kibaki briefly banned harambees. “Now you’re telling children like me, who might not be aggressive enough to find alternative resources, that they should rely on county officials for assistance. Where are we headed as a nation?” he asked.
Other senators emphasized harambees’ critical role in alleviating poverty and meeting urgent community needs. Kakamega Senator Boni Khalwale credited harambees for enabling him to complete his education, while Narok Senator Ledama Olekina warned that regulating the practice would perpetuate poverty among vulnerable populations.
Exemptions and New Provisions
The Bill proposed exempting tithes and religious offerings, private family fundraisers, and fundraising for approved lotteries and raffles. It also required contributors to declare the sources of their funds, aiming to enhance transparency and curb corruption.
Additionally, the Bill mandated strict conditions for organizers, including obtaining permits, declaring intended amounts, and filing financial reports. Beneficiaries of funds, particularly minors, were required to disclose contributions in their income tax returns.
A Blow to Aspirants and Communities
If enacted, the Bill would significantly impact politicians who leverage harambees to anchor their campaigns. However, senators argued the regulation would harm ordinary Kenyans more, as many rely on community fundraisers for school fees, medical bills, and emergencies.
“The harambee spirit is a gift from our forefathers,” noted Nominated Senator Beatrice Ogola. “Let’s not allow its misuse by a few to condemn generations to poverty.”
While the Bill aimed to address corruption concerns, its rejection underscores Kenya’s delicate balance between preserving cultural traditions and curbing abuse.