Electoral commission wants MP Alice Wahome prosecuted

Kandara MP Alice Wahome Photo:Courtesy

Police have summoned Kandara MP Alice Wahome for questioning over claims of assault.

The summons came as women leaders in Central region demanded investigations of an elections returning officer over an electoral offence.

The argument was sparked by a disputed entry of presidential election results for polling station two at Kiiri Primary School in Kandara constituency, Murang'a County.

According to Form 34A, independent presidential candidate Japheth Kaluyu got all 440 votes cast while the other seven candidates, including Jubilee Party's President Uhuru Kenyatta, got zero.

The 'erroneous' result is subsequently recorded in the constituency Form 34B, which aggregates tallies from the polling stations, filled by the returning officer.

"The Jubilee agent present refused to sign because he said he had instructions from the area MP not to sign until she arrived," wrote Kandara constituency Returning Officer Martin Malonza on Form 34B.

But there was no mention of the disputed figures.

This is understood to be the genesis of the spat in which the MP was caught on camera accosting the returning officer on Thursday.

ELECTION MALPRACTICE

Yesterday, women leaders demanded that Mr Malonza should be investigated for alleged election malpractice, arguing that Ms Wahome was within her right to ask for verification of the results.

“She pinpointed areas that she felt were wrong but instead of rectifying the situation, Malonza decided to create drama. The push and pull was really nothing big,” said former Nyandarua woman rep Wanjiku Muhia.

“The President did not need extra votes from Murang'a because that is his stronghold. However, this man failed to do his job and should be investigated,” she added.

Kigumo MP Ruth Wangari also accused the police present of “failing in their duty to defend the female legislator".

“We appreciate that the rule of law must be upheld; however, the IEBC officials and the police failed in their duty,” Ms Wangari said.

A senior police officer told The Standard in confidence yesterday that Wahome had been summoned to the local Directorate of Criminal Investigations office.

“We have summoned her for formal processing. Questioning is part of the processing for prosecution,” said the officer.

Alloys Kemo, the senior assistant director of public prosecutions, also asked police to start a thorough probe into the matter.

"Our attention has been drawn to a video circulating on social media depicting the MP assaulting and obstructing an IEBC official on October 27," Mr Kemo said in a letter to Inspector General of Police Joseph Boinnet on Saturday.

COMMENCE INVESTIGATIONS

"Consequently, I am directed by the DPP to advise (Boinnet) to immediately and urgently commence investigations... and cause the said MP to be arrested and charged in a court of law."

The Independent Electoral and Boundaries Commission (IEBC) earlier called for the MP's prosecution, saying she had committed an electoral offence.

Director of Public Prosecutions (DPP) Keriako Tobiko had announced that any election-related offences committed during Thursday's disputed repeat poll would be attended to within 24 hours.

The DPP said on Wednesday a rapid response secretariat based in his office would be operational 24 hours from October 25 to November 2. He added that all county offices and their respective prosecution teams would also be on call.

“Any person who engages in any acts of criminality either by violence, incitement to violence, threats, hate speech or any other manner howsoever  disrupting or attempting to disrupt the election be immediately apprehended and taken before relevant special magistrates within constitutionally stipulated time of 24 hours,” read the directive.

At the Bomas of Kenya in Nairobi, Wahome accused the media of “jumping onto a scheme” choreographed to tarnish her name. In a video clip that went viral, the MP is captured arguing with Malonza over the election results.