NAIROBI, Kenya Jul 14 – The Independent Electoral and Boundaries Commission Code of Conduct Enforcement Committee has found Nakuru Town East Member of Parliament David Gikaria culpable on all three counts of violating the Electoral Code of Conduct during campaigns for the Ol Kalou parliamentary by-election.
Delivering the ruling, Committee Chairperson Alutalala Mukhwana found the lawmaker culpable of flagrantly abusing his parliamentary privilege for political gain during a July 6 rally ahead of the Ol Kalou by-election.
Mukhwana said Gikaria made statements amounting to voter inducement and also took issue with remarks allegedly suggesting that voters would not be required to present national identity cards in order to cast their ballots, saying such statements had the potential to mislead voters about electoral procedures.
“Accordingly, the statutory voting process requires both production of an acceptable identification document which is either a national identity card or a valid Kenyan passport and then a biometric verification. Biometric verification does not act as a substitute.” Mukhwana stated.
”Section 10 subsection 1 of the Elections Act Cap 7 provides that a person whose name and biometric data are entered in a register of voters at a particular polling station and who produces an identification document underlined who produces an identification document shall be eligible to vote at that polling station.”
He warned that failure to comply with the directive would attract further sanctions under electoral laws and regulations governing campaign conduct.
“The penalty follows findings by the IEBC that Gikaria made statements amounting to voter inducement and issued misleading information regarding voting requirements during a campaign rally in Ol Kalou,” he stated.
According to the Mukhwana, an authenticated video circulating online allegedly captured the legislator stating that he had spent Sh1.2 million to distribute money to members of the public who attended the rally.
In addition to the financial penalty, the Commission issued Gikaria with a formal warning directing him to cease and desist from making statements implying financial inducement of voters and from disseminating misleading information on electoral processes.
The electoral agency further ordered the MP to issue a public retraction and apology by Wednesday, accompanied by a public undertaking acknowledging that the remarks were wrong and would not be repeated.
The Commission said the authenticated video evidence would also be referred to the Office of the Director of Public Prosecutions (ODPP) for consideration of criminal prosecution.
