Partisan IEBC: Ethekon under fire as poll tension escalates before elections

After weeks of gruelling campaigns for the November 27 by-elections, focus now shifts to Independent Electoral and Boundaries Commission (IEBC) to deliver a credible election, amid growing concerns over their conduct of the exercise.

In an election touted to show political might of both the government and the opposition as a precursor to the 2027 General Election, the stakes are high as each side of the political divide push to clinch their space.

But even as this happens, IEBC has found itself being accused of failing to adequately address issues raised, other than the Sh1 million fine they imposed on Kasipul candidates.

Proper penalties

From instances of lives lost during the campaign period to destruction of property to utterances said to border on incitement to claims of interference of the electoral process, questions abound on whether IEBC stands accused of not imposing proper penalties and continued silence on matters at hand.

And yesterday, Democracy for the Citizens Party (DCP) leader, Rigathi Gachagua wrote a damning letter to IEBC chairperson, Erastus Ethekon, condemning what he termed as interference of the electoral process by the body’s Vice Chairperson, Fahima Abdallah, in the Magarini by-elections.

This, he said, is despite the fact that the by-election was occasioned by electoral malpractices by IEBC in 2022.

“It is within my knowledge that the IEBC has a deliberate policy not to deploy commissioners or officers from the regions where they come from in the event of an election or by-election. I am aware that your Vice Chairperson has assumed the role of managing Magarini by-elections... You are well aware that the Commissioner assigned to the Coast region is Dr Alutalala Mukhwana,” Gachagua said in the letter.

He alleged that Abdallah intimidated electoral officials and met some senior local leaders on Friday and Saturday at Boutique Hotel in Malindi to plot how to manage the polls.

“Mr Ethekon, you know the circumstances which you and your commissioners were put in office. Do not let us and the people remind you as such. From the outset, though Kenyans kept quiet, like me, they had every reason to doubt that your impartiality in the 2027 General Election remain doubtful. Ethekon, while this could be true, you could have used the November 27 by-election to prove Kenyans and the world otherwise,” he wrote.

The opposition has demanded that all presiding officers in Magarini be replaced.

“The 2027 General Election will be an emotive election, you live in Kenya and you can judge from the mood of the country, do not feign ignorance. You have the moral duty and responsibility to earn the trust of the people ahead of the 2027 General Election, any perception of dereliction of the General Elections could throw this great nation into anarchy. Kenya is not Tanzania,” he affirmed.

According to political analyst Dismas Mokua, IEBC should use the by-elections to demonstrate it is capable of delivering a credible election to inspire confidence in the 2027 General Election. “Kenyans needs to know that their votes count and that IEBC has immunised itself from elites, cartels and special interest groups driving political interests,” he said.

Similarly, he said IEBC should ensure that candidates who either by omission or commission break electoral laws suffer the highest possible criminal and pecuniary penalties to serve as a lesson to both candidates and political parties.

“IEBC must work with law enforcement agencies political parties and civil society to establish an early warning system that will nip political violence in the bud. Failure to eliminate political violence during the by-elections is potentially a recipe for disaster and a voter suppression strategy during the 2027 General Election,” he stated.

He said candidates and political parties should report any violations of law to local law enforcement agencies so that suspects of political violence face the full force of the law, adding that the Commission should put the ‘fear of God’ in candidates who operate in breach of electoral laws and promote political violence as a strategy to run fear and credible elections 

“Some accusations against IEBC are justified, others not. IEBC must respond to all concerns, justified or not as a strategy to reassure voter, citizens, partners and stakeholders of their fidelity to conducting free and fair elections. Failure to do so creates room for misinformation and disinformation besides giving candidates who will not win fodder to blame IEBC for their situation,” he said.

Former Attorney General Justin Muturi said: “As far as the IEBC is concerned, I think it is at the beck and call of the government. It is a toothless bulldog even though the law is there giving it teeth.”

He had earlier written to Ethekon, protesting alleged schemes of groups operating with the involvement of National Government Administration Officers (NGAO) and National Police Service (NPS) personnel in civilian clothing.

He said that his party was privy to information of a plot by the said goons to invade some polling centres his party’s strongholds, to suppress and disrupt voting on Thursday.

“We write to protest the planned use of armed goons from Nairobi and Thika, among other areas, in favour of the UDA candidate, with the involvement of NGAO officers under the escort and command of NPS in civilian clothes. We have information there are already plans to invade selected polling centres in the strongholds of our candidate,” Muturi wrote.

Last week, IEBC fined candidates Philip Aroko and Boyd Were Ong’ondo Sh1 million each after they were found in breach of multiple provisions of the electoral code of conduct.

The Commission issued stern formal warnings to both candidates to strictly follow the IEBC harmonised campaign schedule and cautioned that any repeat violation may lead to disqualification from the by-election.

Days later, violence was reported in Kabuchai, Bungoma by goons reportedly associated with a senior politician.

Armed goons

During the incident, the house of Kabuchai MP, Majimbo Kalasinga, was attacked and destroyed, in what has been described as unacceptable.

Trans Nzoia Governor George Natembeya and his convoy were reportedly attacked on Saturday after armed goons ambushed him at Chwele Ward in Kabucha.

Images and videos widely circulated showed Natembeya’s vehicles destroyed, even as he alleged that he was shot at several times after the goons stormed the rally.

“Political violence should not be entertained. Natembeya and a host of leaders while campaigning for MCA aspirant Eric Wekesa, were attacked in Kabuchai by goons. IEBC and National Police, stop the silence and act!” Democracy Action Party of Kenya (DAP-K) said in a statement.

With Natembeya saying: “This is so primitive, it is not politics. If an MP cannot be safe in his own home, what about ordinary Kenyans?”

Yesterday, IEBC sent on its social media platforms, wrote, “Exercise caution and verify information about the November 27 by-elections. All official information can be found on our website or social media platforms #StopFakeNews… Let us promote peace before, during and after the by-elections.”