IEBC fines Kipipiri MP Wanjiku Muhia Ksh.1.5M over inciteful remarks, ordered to offer public apology

The Independent Electoral and Boundaries Commission (IEBC) has fined Kipipiri Member of Parliament Wanjiku Muhia Ksh.1.5 million for breaching the Electoral Code of Conduct through remarks made during campaigns for the Ol Kalou parliamentary by-election.

In a ruling delivered on Friday, the IEBC Electoral Code of Conduct Enforcement Committee, chaired by Commissioner Dr. Alutalala Mukhwana, found that the legislator's remarks were capable of inciting violence, intimidation and hostility, contrary to Paragraph 6(a) of the Electoral Code of Conduct.

Dr Mukhwana said the committee found that the evidence presented against the MP was genuine and had not been altered or forged.

"The committee is satisfied that the evidence before it is true, not altered or forged. It finds that the respondent breached Paragraph 6(a) of the Electoral Code of Conduct by making utterances capable of inciting violence, intimidation, hatred and hostility, thereby undermining the principle of peaceful campaigns and the integrity of the electoral process," Mukhwana ruled.

The committee thus directed Muhia to issue a public apology at the IEBC headquarters on Monday at 4 p.m. and pay the Ksh.1.5 million fine within 72 hours.

In addition to the fine, the committee directed Muhia to publicly sign and deliver a formal retraction and apology at the IEBC headquarters on Monday, warning her against repeating similar conduct during the ongoing campaign period.

Failure to comply with the committee's directives, the commission warned, could attract further sanctions, including barring her from participating in future elections conducted by the IEBC.

"We are satisfied that this committee could proceed with the matter. We tried the case in absentia after Wanjiku's representatives walked out of the committee hearing following their objection to the validity of the committee to hear the matter," he said.

He added that forensic analysis confirmed the authenticity of the electronic evidence presented before the committee.

"The electronic evidence of Wanjiku's inflammatory statements was carefully analysed through forensic examination and found to be against the Electoral Code of Conduct."

According to the committee, Muhia was accorded an opportunity to defend herself but voluntarily chose not to participate in the proceedings.

"The respondent was accorded the right to a fair hearing, but when a party voluntarily declines to exercise that right, as happened in this case, they are deemed to have waived their right to be heard."

While delivering the ruling, Dr Mukhwana said the commission would not tolerate conduct that fuels electoral violence.

"Our streets are increasingly being taken over by goons. Kenya is currently experiencing a deeply disturbing wave of electoral campaign violence where organised goons are deployed to unleash bloodshed, fear and looting upon innocent citizens."

"The IEBC will not sanitise criminal behaviour by calling it political enthusiasm. Goons are a lawless assault on our constitutional democracy."

The ruling comes amid heightened political tensions ahead of the Ol Kalou parliamentary by-election, with the commission recently warning that escalating violence and voter bribery could force it to postpone or cancel the poll if the situation deteriorates further.