Electoral agency fines MP SH1.5m over utterances

Kipipiri MP Wanjiku Muhia addresses the media at Parliament, November 4, 2024. [File, Standard]

The Independent Electoral and Boundaries Commission (IEBC) has fined Kipipiri Member of Parliament Wanjiku Muhia Sh1.5 million after finding the legislator guilty of breaching the electoral Code of Conduct.

This follows a complaint against the lawmaker over remarks she recently made during the ongoing campaigns in Ol Kalou. A complainant argued that her utterances amounted to incitement and were likely to fuel violence, intimidation, hatred and hostility among members of the public.

While issuing the verdict, Commissioner Alutalala Mukhwana condemned Muhia's remarks as those capable of inciting violence, intimidation and hostility against non-locals.

Alutalala said the Commission's disciplinary committee had established, after reviewing oral and documentary evidence, that the respondent had violated the electoral code of conduct.

"Having considered the overwhelming evidence on record, this committee finds that the respondent is in gross breach of Paragraph 6A of the Electoral Code of Conduct," Alutalala said.

The ruling was issued in the absence of the lawmaker.

The verdict comes amid public scrutiny against the electoral body that has been largely accused of inaction against elected leaders deemed to be violating electoral laws.

This also comes months after IEBC fined former Kasipul by-election candidates, MP Boyd Were and his then fierce rival Philip Aroko, Sh1,000,000 each.

The duo, according to the commission, were found guilty of breaching election regulations that were largely centred on violence.

Besides imposing the fine, the committee directed MP Muhia to issue a public retraction and apology, affirming what it described as a "commitment to uphold the Constitution and the Electoral Code of Conduct."

The apology, the committee ruled, should also include an undertaking to refrain from making or disseminating statements capable of inciting violence, hatred or otherwise undermining peaceful electoral processes.

The legislator was further ordered to personally avail herself at Anniversary Towers on Monday, 13, to sign the retraction and apology at the IEBC headquarters before delivering it publicly.

The committee also issued a stern warning against any future conduct inconsistent with the Electoral Code of Conduct.

Alutalala cautioned that failure to comply with the committee's directives would attract even stiffer "sanctions."

"Any subsequent violation of the Electoral Code of Conduct shall attract further sanctions as are provided for under the Elections Act and the Electoral Code of Conduct, including but not limited to issuing an order barring her from contesting in any further election conducted by the IEBC in accordance with the applicable law," he warned.

The commission also warned that the ruling should serve as a strong message to all candidates and political actors that inflammatory political rhetoric will not be tolerated.

"Let this decision serve as a stern warning to all political actors that if you choose the path of incitement, the law will remove you from the ballot long before the court has ruled," he said.

"Any conduct that departs from these principles will not be accepted."

In delivering the ruling, Alutalala emphasised that the commission would firmly enforce the law against any politician whose conduct threatens peaceful elections.

At the same time, the commission further summoned Nakuru Town East MP David Gikaria to appear before the Electoral Code of Conduct Enforcement Committee on Monday to respond to allegations of breaching electoral laws during the ongoing by-election campaigns in Ol Kalou.

This was after MP Gikaria was captured displaying how he flashed millions of money to woo voters in favour of their United Democratic Alliance candidate.