The Independent Electoral and Boundaries Commission (IEBC) has fined Kipipiri Member of Parliament Wanjiku Muhia Ksh1.5 million for breaching the Electoral Code of Conduct over 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 statements were capable of inciting violence, intimidation, hatred and hostility, contrary to Paragraph 6(a) of the Electoral Code of Conduct.
“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,” Dr. Mukhwana ruled.
The committee ordered Muhia to pay the Ksh1.5 million fine within 72 hours and to appear at the IEBC headquarters on Monday at 4 p.m. to issue a public apology and formally retract the remarks.
The commission also warned the legislator against engaging in similar conduct during the ongoing campaign period, cautioning that failure to comply with its directives could attract further sanctions, including possible disqualification from participating in future elections conducted by the IEBC.
According to Dr. Mukhwana, the committee proceeded with the case in Muhia’s absence after her legal representatives walked out of the hearing while challenging the committee’s jurisdiction.
“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 had 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,” he stated.
The committee further noted that Muhia had been given an opportunity to defend herself but voluntarily declined 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,” the committee stated.
While delivering the ruling, Dr. Mukhwana said the commission would take a firm stance against actions that could fuel 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,” he said.
“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. The commission has recently warned that escalating violence, voter bribery and other electoral offences could force it to postpone or cancel the July 16 poll if the security situation deteriorates further.
The complaint against Muhia arose from remarks she allegedly made in Kikuyu during a campaign rally, in which she urged residents to organise themselves into groups of ten and confront individuals they believed were non-residents of the constituency. The IEBC concluded that the remarks were inconsistent with the Electoral Code of Conduct and had the potential to undermine peaceful electoral campaigns.
