Independent Electoral and Boundaries Commission (IEBC) Chairperson, Wafula Chebukati has said IEBC has no powers to enforce electoral felonies, and any misconduct by state officers captured in the Elections Offence Act can only be dealt with by the Director of Public Prosecutions.
This announcement comes as a blow to the Kenya Kwanza leaders in their bid to have legal action taken against cabinet secretaries politicking.
According to Chebukati, the agency had its powers stripped due to unforeseeable developments. “Election offences used to be under IEBC, but that has changed, it is now in the hands of the DPP,” he said.
In 2017, the commission formed a code of conduct committee where such issues were handled. However, the committee was rendered unconstitutional by the High Court.
Chebukati urged those with such complaints to forward it to the commission saying they will submit it to the DPP for necessary actions.
“We have filed an appeal against that judgment but at the moment if there is any misconduct arising in the course of campaigns, we are ready to receive and forward it,” Chebukati said.
Among Cabinet Secretaries accused of openly taking sides by campaigning for Raila Odinga are Fred Matiang’i (Interior), Joe Mucheru (ICT), Peter Munya (Agriculture), Mutahi Kagwe (Health), and Eugene Wamalwa (Defence).
Moreover, the United Democratic Alliance party mainly targeted CS Mucheru, when they sent a protest letter to the electoral body demanding assurance of a free and fair election. It not yet clear if UDA has also written to DPP.
The ICT Cabinet Secretary was recently captured saying “we are working closely with Baba to ensure the systems and everything is working.”
“In light of the foregoing, we write this protest letter to bring to your attention the remarks by the CS and request that you look into the matter and guarantee free and fair elections,” UDA party secretary general Veronica Maina said.
UDA accused them of associating and promoting one particular party despite being state officers expected to be nonpartisan. In addition, Deputy President William Ruto and ANC’s Musalia Mudavadi among other leaders have also criticized the CSs asking them to resign.
Under Section 15 of the Election Offences Act 2016, a public officer found engaging in the activities of a political party or candidate or acting as an agent of the party or candidate commits an offence and is liable to a fine not exceeding Sh1 million or imprisonment of a term not exceeding three years or both.
