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Governors, MPs and MCAs face jail over illegal use of state resources in campaigns

By Nzau Musau | Published Sat, July 15th 2017 at 09:09, Updated July 15th 2017 at 09:17 GMT +3
Keriako Tobiko
Director of Public Prosecution Keriako Tobiko on Tuesday 24/05/16. [Photo:BONIFACE OKENDO/Standard]

Several politicians could be fined up to Sh2 million or serve six years in jail over illegal use of State resources in personal campaigns.

The Director of Public Prosecution Keriako Tobiko has said he was targeting 46 governors, about 300 MPs and thousands of MCA’s who have flouted the Election Offences Act requiring them to declare public resources in their possession over the election period.

Section 14 of the Act requires all sitting MPs, governors and their deputies and MCAs to declare the facilities or equipment attached to them within 14 days of an Independent Electoral and Boundaries Commission (IEBC) notice.

The law also decrees that no government will publish any advertisements of its achievements either in the print or electronic media, or by way of banners or hoardings in public places during the election period.

According to a letter from IEBC Chairman Wafula Chebukati, only 12 candidates— a governor, one deputy governor, four Senators, two MPs and four MCAs — complied with the law and supplied their lists by the time the notice lapsed.

They include Nairobi Governor Evans Kidero, Narok deputy Governor Evelyn Aruasa, Senators Janet Ong’era (Nominated) , Elizabeth Ongoro (Nominated), Wilfred Machage (Migori), Anyang’ Nyong’o (Kisumu) and MP Fred Outa (Nyando) and Tharaka-Nithi Woman Rep Beatrice Nkatha.

“Any other person using State resources other than those registered with the commission are committing offences to which, upon sufficient evidence gathered, should be prosecuted swiftly,” Chebukati informed Tobiko in a letter dated June 21.

Chebukati’s complaint to DPP says nothing of Cabinet Secretaries who have been accused of using State resources to campaign for the government.

However, neither the CSs nor their bosses— President Uhuru Kenyatta and Deputy President William Ruto— are covered in the law cited by IEBC.

In his response letter to IEBC and which he separately attached the Ethics and Anti-Corruption Commission and Directorate of Criminal Investigations (DCI), Tobiko urged the commission to immediately impound State resources that are unlawfully being used over the campaign period even before investigations are finished. [Nzau Musau]