KNHRC accuses top state officers of violating electoral laws

President Uhuru Kenyatta and Education Cabinet Secretary Fred Matiang'i. (Photo: Courtesy)

President Uhuru Kenyatta, cabinet secretaries Fred Matiang’i, Mwangi Kiunjuri and couple of governors have been accused by a state agency of violating the law during election campaigns.

The report by the Kenya National Commission on Human Rights (KNCHR) dubbed Mirage at Dusk: A human rights account on the 2017 General Election, accuses the top state officials of breaching electoral laws.

The report accuses Uhuru, the CSs and the governors of bribing voters either through cash distribution or offering goodies to woo them.

The report cites an incident where the president gave Sh10 million and a school bus to Nyambaria High School, in Nyamira County on June 7, 2017 contrary to the provisions of the Election Act which states that a candidate is not supposed to give handouts to induce the voters to vote the candidate in.

“The Cabinet Secretary for Education, Fred Matiang’i who was in attendance also campaigned for the President in both Nyamira and Kisii County which is a violation of the Act which bars civil servants and cabinet secretaries from engaging in politics while still in office. In another incident on July 11, 2017, President Uhuru Kenyatta donated a school bus to Maasai Girls High School in Ngong Town, Kajiado County.”

On July 12, 2017, Mwangi Kiunjuri, the CS in the Ministry of Devolution and Planning, visited Moyeni, Mwabila, Malomani and Kinagoni areas situated in Kinango Constituency, Kwale County in a number of public functions whose main aim was distribution of relief food to the locals.

The meetings were also attended by several candidates from the Jubilee Party including Salim Mvurya, Mshenga Ruga Vuyaa, Gonzi Rai and Said Nzuga.

“In addition, the Assistant County Commissioner- Samburu Sub-County, the area chiefs, the OCS, village elders of the respective sub-locations and residents drawn from Chengoni-Samburu Ward. During the distribution of the relief food, the CS also campaigned for Jubilee Party. A total of one hundred and fifty (150) bags of rice, two hundred and fifty (250) bags of maize and one hundred (100) bags of beans were distributed.”

The report also accuses Mombasa Governor Ali Hassan Joho, Kakamega’s Wycliffe Oparanya, Kirinyaga’s Anne Waiguru and former Laikipia governor Joshua Irungu of bribing voters.

On July 20, 2017, during KNCHR monitoring at Baricho Market in Kerugoya Constituency, Kirinyaga County, Anne Waiguru, the candidate for Jubilee Party vying for the gubernatorial seat made a speech and requested the people to vote for her during the August 8 election.

“After her speech, her campaign team organised the people in groups of ten (10) and distributed cash to the masses. Each group was given Sh1, 000 which they were to split amongst themselves.”

On August 4, 2017, a meeting was convened for college students by Joho at Aga Khan Hall where he was accompanied by Raila Odinga and former Kiasuni MP Rashid Bedzimba and other ODM supporters.

“There were about 2,000 youth in attendance. There was restricted access to members of the public as one had to show a student ID card to gain entrance to the venue. Everyone in the meeting was given Sh500 for attending. The Commission monitor was present and witnessed the same.”

On July 30,2017, residents of Malava in Kakamega County were urged to vote for Oparanya owing to the “goodies” they had received from him in the past during the campaign trail.

“The then incumbent Governor proceeded to give out goods to the elderly in Malava and he stated that he was not as mean as his opponents particularly referring to Bonny Khalwale of Ford Kenya who was his main challenger and the other two being the Jubilee Party candidate and ANC’s Osundwa Mike.”

On June 7, 2017, the Laikipia Governor, Joshua Irungu accompanied by other Jubilee Party aspirants and Water Department heads and Umande Ward Water Committees, had a meeting with Umande Ward Community at Bingwa Primary School aimed at giving out water tanks to women groups within the ward.

“A hundred and sixty (160) water tanks were distributed to the targeted beneficiaries. While the distribution of water tanks by the water committees within the County is a noble act, the move at such a time was viewed as one aimed at winning over voters.”