IEBC Must Act Like KRA on Poll Offences, Says Judge

NAIROBI, Kenya May 19 – Justice Richard Mwongo has sharply criticised the Independent Electoral and Boundaries Commission (IEBC) for what he termed a passive approach to handling electoral offences during the hearing of the Mbeere North by-election petition.

While delivering his ruling, Justice Mwongo said many IEBC officials who testified in court repeatedly claimed incidents had not been formally reported or captured in police occurrence books.

“It is important for IEBC to remember that during or in connection with anything to do with elections, IEBC is the policeman of Kenya. It’s not the Kenya police. So that you cannot wring your hands and say, it was not reported, we don’t have an OB. No complaint was made.”

He added; “You have seminal powers. As a commission, even to investigate. You just need to read the newspaper. You hear something occurred, you run. Just like the Kenya Revenue Authority. When they hear, ching, ching, ching, in your mobile phone, they come running. That is how IEBC is supposed to operate under this constitution and the laws.”

He faulted the commission for delaying whenever allegations emerged, arguing that the electoral body should proactively investigate suspicious activities once they become public.

Justice Mwongo indicated that strengthening IEBC’s enforcement role would form part of his recommendations following the petition proceedings.

“In India, it is clear that the Electoral Commission there, behaved the way IEBC behaves today. They changed. They became proactive. The code of conduct is enforced in India. And in fact, in India, the petitions are very, very few. I was there myself, personally. There are hardly any petitions. Because IEBC does its work,” he said.

In his judgment delivered at the Embu Law Courts, Justice Mwongo, cited several electoral irregularities and possible malpractices even as he dismissed Newton Kariuki’s petition noting that it had failed to prove that the violations substantially affected the outcome of the election.

The Judge also pointed to evidence on allegations of voter bribery pointed to possible electoral malpractice but did not demonstrate that the alleged acts substantially influenced the final results.

On claims of violence and disruption, the court acknowledged that chaos at Kaungu polling station and disturbances at Gitiburi polling stations raised concerns, but held that the petitioner had not proved that the incidents materially altered the outcome of the poll.

Justice Mwongo further ruled that allegations relating to unlawful use of state resources, interference with voter registers and disenfranchisement of voters were not sufficiently proved.