IEBC seeks legal powers to crack down on early political campaigns

Speaking during an interview on Citizen TV, IEBC Commissioner Alutalala Mukhwana said the commission had already submitted a comprehensive legal reform package to Parliament seeking powers to regulate premature campaigns.

"The law does not give us the mandate to deal with those incidents when it's not an election period. We have a robust legal reform package that we have already submitted to Parliament and part of what we're requesting Parliament to do is allow us legislation that will give IEBC power to deal with early campaigning," Mukhwana said.

He described the growing trend of premature campaigns as morally concerning and called on other State agencies to complement IEBC's efforts in addressing election-related offences.

"From a morality standpoint, it is a worrying trend that leaders are taking us through. We are also appealing to other organisations like the NCIC to weigh in because they also have a mandate to deal with hate speech and conduct that is not promoting national cohesion. EACC, if what's happening in Ol Kalou is bribery, isn't that the forte of the Commission?" he noted. 

"We're appealing to the ODPP that rather than wait until we've gone through the rigours of investigating, we don't have the strongest resources in terms of investigatorial powers. We're seeking complementary efforts in this electoral issue that is beyond IEBC in terms of impact on the nation if we lose the plot."

The commissioner also weighed in on the controversy surrounding Nakuru Town East MP David Gikaria over allegations of distributing Ksh.1.2 million in cash during campaign activities in Ol Kalou.

Residents had alleged that those receiving the money were required to surrender their national identity card details, claims Gikaria defended as an accountability measure to ensure the funds reached the intended beneficiaries.

Responding to the incident, Mukhwana warned that openly distributing money during campaigns undermines the integrity of elections.

"When a leader uses money and actually says it openly, it frightens us as IEBC because it reflects a worrying level of impunity. If we allow this to continue, what will stop the opposing side from doing the same? Politicians must operate within the confines of the law," he stated. 

He, however, noted that despite widespread reports on social media over voter bribery in Ol Kalou, the commission had not received any formal complaint. 

"Although allegations are circulating online, we have not received any official complaint from either a resident of Ol Kalou or any political leader. Even so, we have taken the initiative to look into the matter because it is our responsibility to monitor and respond to issues as they arise," Mukhwana pointed out.

The commissioner further reminded both politicians and voters that the Elections Offences Act criminalises both issuers and recipients of bribes. 

"Under the Elections Offences Act, an MP who gives you money is breaking the law, and the citizen who receives the money is also breaking the law," he remarked. 

"When you allow your civic choice to be subverted by that money or any other form of inducement, you lose the opportunity to shape the kind of leadership you want."