Declare Senator Moses Wetang’ula's seat vacant for poll malpractice, voter tells IEBC

NAIROBI: A Bungoma voter Friday petitioned the electoral commission to delete the name of Senator Moses Wetang’ula from the voters’ register for breach of electoral laws.

Nehemiah Kinisu Mukubwa also wants the Independent Electoral and Boundaries Commission (IEBC) to declare the seat vacant since the Judiciary had ruled that the Senator was culpable.

Addressing journalists outside the IEBC headquarters at Anniversary Towers in Nairobi, Friday, Mr Mukubwa petitioned the commission to ban Mr Wetang’ula from vying in the upcoming 2017 General Election.

“The Senate Speaker has already published the report, your commission has been seized of this matter but you have not deleted the name of Moses Masika Wetang'ula from the voters register... (I pray) that your commission deletes the name of Wetang’ula from the voters register...” he said.

The voter said he hails from Bungoma County, Kanduyi Constituency, Khalaba Ward and Lupinda polling station.

The petition comes just two days to the prayer rallies organised in Western Kenya to “save” Wetang’ula’s political career.

One of the organisers, Kiminini MP Chris Wamalwa said political leaders will be in Busia on Sunday at the Taxi Grounds.

The petition could complicate matters for CORD where Wetang’ula is a co-principal.

The Senator is the only CORD leader in Parliament.

The coalition has accused the IEBC of mishandling the last General Election and claimed it lacks credibility to hold the next polls.
Wetang’ula’s allies have claimed the ruling was part of “political shenanigans” instituted by the ruling Jubilee coalition to “weaken” the opposition ahead of the next polls, and more so, at a time when the government is battling economic turmoil.

FINDING

In the legal notice published in the Kenya Gazette, Senate Speaker Ekwee Ethuro attached the Supreme Court’s finding that Wetang’ula committed an election offence of “bribery” in the last General Election held on March 4, 2013.

“The court made this finding after considering the record of fact before it and the findings of the High Court and the Court of Appeal.”
Section 87(3) of the Elections Act says that once the Speaker has gazetted a ruling of the court, then “the commission shall consider the report and delete from the voters register, the name of the person who is disqualified from being registered in that register of voters.”

The commission will have to tread carefully because it would want to prove its independence but at the same time not be seen as bowing to either blackmail by the opposition or pressure from the Executive.