IEBC forms committee to decide Wetangula’s fate

The Independent Electoral and Boundaries Commission (IEBC) has formed a five-member special committee that will accord Embattled Bungoma Senator Moses Wetangula an opportunity to show why he should not be removed from the register of voters over election malpractices.

According to a statement by IEBC Chair Ahmed Issack Hassan, the commission held a special plenary meeting on Thursday morning during which it resolved to set up a special committee to deal with the matter.

The committee, which will sit on January 12, 2016, will be chaired by Commissioner Thomas Letangule, Crispin Owiye will be secretary and Moses Kipkogei will be assisting counsel.

Others in the Special Committee are commissioners Lilian Mahiri-Zaja and Mohamed Alawi.

The committee was formed following the publication of the Supreme Court ruling by the Senate speaker as required by section 87 (3) of the Election Act after Senator Moses Wetangula was found guilty of election malpractices.

On Friday November 6 this year, a voter from Bungoma County went to the IEBC with a petition demanding that Moses Wetangula be deregistered from the roll of voters following a Supreme Court decision that the Bungoma senator was guilty of two election offenses in 2013.

Wetangula’s problems started after the 2013 General Election when he was declared winner of the Bungoma senatorial seat.

Former Minister Musikari Kombo disputed Wetangula’s victory and filed an election petition challenging the results at the Bungoma High Court.

The Bungoma High Court established beyond reasonable doubt that Wetangula was guilty of two election offenses – treating of voters and bribery of voters – contrary to sections 62 and 64 of the Elections Act.

The court found that the action by Wetangula had compromised results of the elections and nullified the results.

It also awarded Musikari Kombo Sh4 million in costs.

Wetangula filed an appeal against Bungoma High Court’s ruling at the Court of Appeal in Kisumu, but the verdict was upheld.

The court further held that the provisions of Section 87 of the Elections Act requiring the court to report to the IEBC, DPP and the relevant Speaker of Parliament where candidates are found guilty of election offences must be invoked.

Wetangula then went to the Supreme Court in Nairobi, which also upheld the Court of Appeal finding.

It also reinforced the order that the issue be reported to the Director of Public Prosecution, the IEBC and the Speaker of the Senate.