Gachagua under fire after urging Mathira residents to block UDA agents from polling stations

The Democracy for Citizens Party (DCP) leader Rigathi Gachagua has stirred controversy after urging residents of Mathira to prepare to block agents affiliated with the ruling United Democratic Alliance (UDA) from polling stations in the constituency during next year's General Election.

Addressing hundreds of grassroots mobilisers at his Wamunyoro home, Gachagua launched a fresh political attack on President William Ruto and his allies before urging residents to take a hard line against UDA agents during the election.

“Wacha tutangaze operation fagia wasaliti wa siasa, takataka ya siasa. Kasongo fagilia. Wangapi wanasema tufagie Kasongo?” Gachagua posed.

He then appeared to instruct residents to prevent agents representing Ruto's party from operating at polling stations across Mathira.

Gachagua said the only polling station where he would allow an agent from the ruling party was one represented by Mathira Member of Parliament Eric Wamumbi.

“Isipokuwa Dimaine polling station, Kasongo asikuwe na agent hata mmoja, Wamumbi. Kwanza hapa kwangu, Sagana Primary School, nisipate agent wa Kasongo. Kwanza huyu Wamumbi asipitishe kura 600. Kura mia moja kila polling station,” he stated.

Gachagua also claimed that Mathira had played a key role in helping Ruto consolidate his support base and defeat his predecessor, Uhuru Kenyatta, in the 2022 presidential election.

“Huyu Kasongo tumemsaidia. Alikuwa amefinywa na Uhuru hadi anatoa makamasi. Aende asiende?” He posed.

Gachagua's remarks, however, raise questions over compliance with Kenya's electoral laws, which protect the participation of duly accredited party agents in the electoral process.

Section 13 of the Elections Act criminalises the publication or dissemination of threats or information intended to create hostility or fear with the aim of influencing or disrupting the electoral process.

Under Section 30 of the Elections Act and the accompanying Elections (General) Regulations, duly appointed party agents play a critical role in safeguarding the transparency, credibility and fairness of voting and tallying.

The law also provides that anyone who obstructs or hinders an elections officer, candidate or agent in the execution of their lawful duties commits an offence and is liable, upon conviction, to a fine of up to Ksh.500,000, imprisonment for up to five years, or both.

It further criminalises publishing, repeating or disseminating information with the intention of disrupting or preventing an election, or creating hostility or fear in an attempt to influence the electoral process or its outcome.

Any attempt to unlawfully prevent accredited agents from accessing polling stations could therefore undermine the integrity of the electoral process and attract legal consequences.