NAIROBI, Kenya July 4- The Independent Electoral and Boundaries Commission (IEBC) has raised concerns over the move by the Court of Appeal to set November 4 for the judgment on an appeal on the enforcement of the Electoral Code of Conduct.
According to the commission, scheduling the ruling on the matter after the August 9 General Election ties it in terms of ensuring candidates don’t have the leeway to flout the election guidelines.
“You know sometimes you wonder why our courts behave the way they do. This is the matter that should be heard now and sorted out. There is nothing much we can do as IEBC we can only report these cases to DPP and we will hear what the court will determine,” said IEBC Commissioner Francis Wanderi.
With the appeal filed by IEBC pending at the Court of Appeal on the enforcement of the Electoral Code of Conduct, it has now been left to the Director of Public Prosecutions and the police to handle such issues.
This comes even as the DPP is yet to look into the chaos that occurred at Jacaranda Grounds, Marsabit and Mandera, which could give politicians the leeway to flout the electoral code of conduct.
IEBC Chairman Wafula Chebukati had urged the Director of Public Prosecutions Noordin Haji to prosecute those responsible for the violence during last month Kenya Kwanza Alliance rally in Jacaranda.
Chebukati cited a lack of jurisdiction to enforce the electoral code of conduct thus forwarding the matter to the office of the DPP.
This comes after United Democratic Alliance (UDA) wrote a letter to the poll commission urging them to consider taking action on those found 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,” said Chebukati.
The IEBC ChairMAN in his statement suggested that the commission is tied on the matter calling on office of the public prosecution 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, it is only the office of the Director of Public prosecution that has the power to order investigations and to prosecute offenses under the Act,” Chebukati stated.
The poll agency, however, condemned the violent acts in Jacaranda pitting rival groups between Kenya Kwanza Alliance and Azimio la Umoja coalition where two people were seriously injured.
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