NAIROBI, Kenya, Jun 20 – Independent Electoral and Boundaries Commission (IEBC) chairman Wafula Chebukati has urged the Director of Public Prosecutions (DPP) Noordin Haji to prosecute those responsible for the violence during Sunday’s Kenya Kwanza Alliance rally in Jacaranda.
Chebukati cited the commission’s lack of jurisdiction to enforce the electoral code of conduct thus forwarding the matter to the DPP’s office.
His statement comes hours after the United Democratic Alliance (UDA) wrote a letter to IEBC urging it to consider taking action on those culpable of instigating violence in the rally.
“The commission under ordinary circumstances would have promptly investigated and summoned the suspected perpetrators of the heinous violence. However, owing to judicial orders in constitutional petition number 073 of 2022 Hon Sabina Chege vs IEBC the High Court declared the Electoral code of conduct Enforcement committee unconstitutional,” Chebukati stated.
The IEBC Chair in his statement indicated that the commission is tied on the matter and called on office of the Director of Public Prosecutions to expeditiously handle the matter.
“The High Court ruling thereby withdrawing from the commission the constitutional and statutory power to enforce the said code.In the premises and as provided by section 21 of the Election Offences Act,its only the office of the Director of Public prosecution that has power to order investigations and to prosecute offences under the Act,” he stated.
The poll agency condemned the violence acts in Jacaranda pitting rival Kenya Kwanza Alliance and Azimio la Umoja coalition groups where two people were seriously injured.
“The commission condemn the perpetrators of the shameful acts of violence that endangered the lives and property of Kenyans. The commission also calls upon all candidates and political parties to conduct peaceful campaigns,” Chebukati said.
UDA called on the electoral commission to summon the Inspector General of Police Hillary Mutyambai and Embakasi East MP Babu Owino over attempts to disrupt a Kenya Kwanza rally in Jacaranda.
In a letter addressed to Independent Electoral and Boundaries Commission (IEBC), UDA Secretary General Veronica Maina stated that the National Police Service was used, by ODM Party and Azimio Coalition to create tension with the sole intention to unlawfully interfere with rally.
Maina noted that the UDA MP Candidate for Embakasi East Constituency Francis Mureithi had hired the grounds on June 15 having paid a Sh30,000 feed to Nairobi County only to find heavy contingent of police officers blocking access to the venue.
“The blatant use of Babu Owino’s letterhead clearly overemphasis his overreaching and unacceptable abuse of the National Police Service in blocking our candidates from holding his peaceful campaign meeting scheduled for 19th June 2022. His approach is confrontational and militant in nature and action must be taken against Babu Owino,” she stated.
The UDA Secretary General said IEBC should consider barring Owino from participating in the August 9th polls for contravening the IEBC Electoral Code Conduct when it comes to campaigns and holding public rallies.
“The responsibility of the Commission is to reign in on Babu Owino and consider disqualifying him together with any other high-handed candidates who purport to hold the campaigns of their opponent’s hostage to their whimsical political ambitions which are contrary to the Constitution and the IEBC Code of Conduct,” Maina said.
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