The Independent Electoral and Boundaries Commission (IEBC) has fined Kipipiri MP Wanjiku Muhia KSh1.5 million after finding that she breached the Electoral Code of Conduct by making inflammatory remarks at a recent political rally in Nyandarua County.
In its ruling on Friday, July 10, the IEBC’s Electoral Code of Conduct Enforcement Committee found that the complaint against the legislator had been proved on a balance of probabilities, the standard applicable in quasi-judicial proceedings.
It also directed Muhia to issue a public apology, warning that failure to comply with its orders could result in her being barred from participating in future elections.
IEBC Orders Wanjiku Mugia to Pay KSh1.5 Million Fine Within 72 Hours
IEBC Commissioner Alutalala Mukhwana said the committee reached its decision after considering the submissions made by all parties, the applicable law, and the oral and documentary evidence presented during the proceedings.
“The committee has established that the respondent has violated paragraph 6A. The complaint has been proved on the balance of probabilities, being the standard applicable to these quasi-judicial proceedings,” the committee ruled.
Here is the full judgement.
From the foregoing provisions of the law, the analysis of the facts, and the oral and documentary evidence tendered, and pursuant to Paragraph 7 of the Electoral Code of Conduct, the Committee hereby:
A. Issues a formal and resolute warning to Hon. Wanjiku Muhia to refrain from ever making such utterances again, as they are considered capable of inciting violence, intimidation, and hatred, thereby undermining the principles of peaceful campaigning and the integrity of the electoral process.
B. Issues a stern warning to Hon. Wanjiku Muhia to refrain from any conduct inconsistent with the Electoral Code of Conduct.
C. Directs that Hon. Wanjiku Muhia issue a public retraction and apology to the people of Kenya as an affirmation of her commitment to uphold the Constitution and the Electoral Code of Conduct, and to refrain from making or disseminating statements capable of inciting violence, hatred, or otherwise undermining peaceful electoral processes.
D. Directs that Hon. Wanjiku Muhia personally sign the retraction and apology at the Commission’s headquarters, Vasari Towers, 6th Floor, at 4:00 p.m. on Monday, July 13, and thereafter publicly issue the apology.
E. Orders Hon. Wanjiku Muhia to pay a fine of KSh1.5 million to the Independent Electoral and Boundaries Commission within 72 hours of the reading of this judgment.
F. Issues a stern warning that failure to comply with these orders, or any subsequent violation of the Electoral Code of Conduct, shall attract further sanctions as provided under the Elections Act and the Electoral Code of Conduct, including, but not limited to, an order barring her from contesting any future election conducted by the Independent Electoral and Boundaries Commission in accordance with the applicable law.
The Committee makes no order as to costs.
The ruling followed hearings in which the committee noted that Muhia had been given sufficient opportunity to defend herself but declined to participate in the proceedings.
“The committee is satisfied that the respondent was afforded space and time to defend herself, but she opted to decline the invitation to be heard,” the committee ruled.
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Three witnesses testified
The committee heard evidence from three witnesses who testified under oath.
The first witness, Anthony Njeraini, the Returning Officer for Ol Kalou Constituency, told the committee that he came across a video circulating on social media containing remarks he considered offensive and inconsistent with the Electoral Code of Conduct.
A native Agikuyu speaker, Njeraini said he watched and listened to the clip before concluding that the language used was improper and contrary to the law. He subsequently reported the matter to the secretary of the Electoral Code of Conduct Enforcement Committee, triggering investigations.
The committee found that his testimony established the genesis of the complaint and explained how the alleged breach came to the attention of the commission.
Nancy Kariuki, the County Elections Manager for Nyandarua County, testified that after receiving reports about the circulating video, she retrieved and preserved the electronic evidence before forwarding it to the IEBC Director of Legal Services.
The committee watched the video during the proceedings, with Kariuki confirming it was the same recording she had preserved.
She described the contents as offensive, inflammatory and inconsistent with the standards expected of leaders participating in an electoral process.
Kariuki also told the committee that many residents of Ol Kalou, including IEBC staff, were non-locals and that the heightened political tensions left her feeling threatened.
According to the committee, her evidence established a clear chain of custody, demonstrating that the electronic evidence had been securely preserved from the time it was retrieved until it was presented before the committee.
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Forensic examination confirmed authenticity
The third witness, investigations officer Mohamed Halake, testified that the video underwent forensic examination to determine its authenticity, source and integrity, with technical verification conducted with the assistance of the Communications Authority of Kenya.
The forensic analysis established that the video had not been altered, edited or manipulated, that its electronic metadata matched the original publication, and that it originated from the identified social media account.
Based on the findings, the committee concluded that the publication was authentic and that there was an unbroken chain linking it to Wanjiku Muhia.
“The forensic examination confirmed the authenticity of the video and established an unbroken chain linking its publication to the respondent,” the committee ruled.
It further stated that there was no evidence of tampering or manipulation and that the impugned publication was correctly attributable to the legislator.
After reviewing the oral testimony, documentary evidence and forensic findings, the committee concluded that the complaint had been proved on a balance of probabilities.
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