State agencies failed voters in violent by-elections, IEBC says

IEBC Commissioner Dr Alutalala Mukhwana. [Screen grab]

The Independent Electoral and Boundaries Commission (IEBC) has blamed other state agencies for violence during the November 27 by-elections, claiming it delivered at 95 per cent.

IEBC Commissioner Dr Alutalala Mukhwana told Spice FM on Wednesday, December 3, the missing 5 per cent lies squarely with agencies like the National Police Service (NPS) and the Directorate of Criminal Investigations (DCI), which he said failed to control violence in Kasipul, Malava and Mbeere North.

"There is what was within the armpit of IEBC, and there is what was in the armpit of other state agencies. That is where the 5 per cent ought to lie," Mukhwana said.

The stark admission comes as the commission faces mounting criticism for failing to suspend or cancel elections in areas hit by violence.

In Kasipul, at least two people died on November 6 when supporters of Orange Democratic Movement (ODM) candidate Boyd Were and independent candidate Philip Aroko

clashed after both violated a harmonised campaign schedule by holding unscheduled rallies in the Opondo area.

In Malava, Democratic Action Party-Kenya (DAP-K) candidate Seth Panyako and his employees were attacked at his Downhill Kaburengu Hotel on the night of November 26,

hours before voting began.

Armed attackers allegedly stormed the premises, injuring employees and damaging property and vehicles. One man was stripped naked during the violence, leaving many voters

afraid to cast ballots.

The by-elections in six constituencies and one Senate seat were seen as a crucial test for the newly constituted IEBC, which was sworn in on July 11 after a prolonged vacancy that had crippled key electoral processes. The commission took office barely four months before the November 27 polls.

Mukhwana, who oversaw the Magarini constituency, defended the commission's performance and insisted polling stations met constitutional standards under Article 81 on free, fair, transparent and credible elections.

"Our assessment must be based, number one, on what the Constitution dictates we must do. A by-election must be free where citizens walk into polling centres unhindered, without undue influence or interruption, and cast their ballot. From where we sit, all the polling stations met this threshold," he said.

The commissioner said polling stations opened on time, ballot boxes were inspected openly, agents and observers were present, and officers were properly trained and sworn to secrecy.

But the commissioner conceded the images from Malava and Kasipul were not good for the country.

"The images that came out of Malava and Kasipul were not good for anyone in this country. We requested the National Police Service to investigate. IEBC does not have its own police station, DCI or National Intelligence Service. We rely on a multi-agency approach," Ndemo said, adding, “Unfortunately, if other state agencies do not do their part, IEBC receives the body blows."

On the two deaths in Kasipul, Mukhwana maintained the commission followed due process and relied on evidence presented before its disputes committee.

"Regrettably, two lives were lost," he noted.

"But you must have evidence incriminating the two candidates directly. We had no such evidence. The violence occurred because the candidates veered off their campaign schedule,” he added.

Both Kasipul candidates were fined Sh1 million each on November 19 for violating agreed campaign routes, penalties the commission considered commensurate with the violation.

However, the fines did not prevent the elections from proceeding.

The IEBC's Electoral Code of Conduct Enforcement Committee also pointed fingers at the Homa Bay county government, accusing its officials of using public resources to perpetuate violence in the constituency.

In Kasipul, Homa Bay Town MP Peter Kaluma was attacked at Agoro Sare Primary School, and a firearm was stolen from his bodyguard.

In Malava, a vehicle belonging to DAP-K party leader Eugene Wamalwa was torched by unidentified attackers.

Trans Nzoia Governor George Natembeya was arrested by plain-clothes officers on his way to Malava, sparking protests in Kitale, where residents blocked major roads.

Seventeen people were arrested with crude weapons in Kasipul on election day, and police are pursuing suspects who stole the firearm.

IEBC Chairperson Erastus Ethekon condemned incidents of violence, intimidation and disruption during the polls, noting the acts violated Article 81(e) of the Constitution, which requires elections to be free from violence, coercion and corruption.

"These actions undermine the principles of Article 86 on the conduct of simple, accurate, verifiable, secure, accountable and transparent elections," Ethekon said in a statement on election day.

The commission called on the National Police Service and the Directorate of Criminal Investigations to investigate all reported incidents of violence and ensure individuals found culpable are arrested and held accountable.

Mukhwana urged Kenyans not to view the commission's response through a microscopic lens, arguing that IEBC acted within its mandate.

"We condemned the violence, penalised violations and asked the police to act. Elections are a cycle, not an event," he noted.

Despite the violence, the United Democratic Alliance (UDA) won seats in Mbeere North, Malava and Banissa while ODM swept Kasipul, Ugunja and Magarini.

An independent candidate won the Kabuchai Member of the County Assembly seat.