IEBC Fines Kipipiri MP Wanjiku Muhia Sh1.5 Million Over Electoral Code Breach

The Independent Electoral and Boundaries Commission (IEBC) has fined Kipipiri Member of Parliament Wanjiku Muhia Sh1.5 million after finding that she breached the Electoral Code of Conduct by making inflammatory remarks during a political rally in Nyandarua County.

In a judgment delivered on Friday, the IEBC’s Electoral Code of Conduct Enforcement Committee ruled that the complaint against the legislator had been proved on a balance of probabilities and directed her to publicly apologise to Kenyans within timelines set by the commission.

The committee also warned that failure to comply with its directives or committing similar violations in future could lead to her being barred from contesting elections conducted by the IEBC.

Committee Chairperson Alutalala Mukhwana said the decision followed consideration of oral testimony, documentary evidence, legal submissions and the applicable law.

“The committee has established that the respondent has violated Paragraph 6A. The complaint has been proved on the balance of probabilities, being the standard applicable to these quasi-judicial proceedings.”

The committee further noted that Muhia had been given sufficient opportunity to defend herself but chose not to take part in the proceedings.

“The committee is satisfied that the respondent was afforded space and time to defend herself, but she opted to decline the invitation to be heard.”

As part of the sanctions, Muhia was ordered to pay the Sh1.5 million fine to the IEBC within 72 hours of the judgment.

The commission also directed her to issue a public retraction and apology affirming her commitment to uphold both the Constitution and the Electoral Code of Conduct.

In addition, the legislator has been instructed to personally sign the apology at the IEBC headquarters at Vasari Towers on Monday, July 13, at 4 p.m. before publicly releasing the statement.

The committee further issued formal warnings ordering the MP to refrain from making statements or engaging in conduct capable of inciting violence, hatred or intimidation during electoral activities.

It cautioned that failure to comply with the orders, or any future breach of the Electoral Code of Conduct, could attract harsher penalties under the Elections Act, including disqualification from future elections.

During the hearing, the committee received evidence from three witnesses.

Anthony Njeraini, the Returning Officer for Ol Kalou Constituency, testified that he came across a video circulating on social media containing remarks he believed were offensive and contrary to the Electoral Code of Conduct.

A native Agikuyu speaker, Njeraini told the committee he watched and listened to the recording before reporting the matter to the secretary of the Electoral Code of Conduct Enforcement Committee, prompting investigations.

The committee found that his testimony established how the complaint originated.

Nancy Kariuki, the Nyandarua County Elections Manager, testified that after receiving reports about the video, she retrieved and preserved the electronic evidence before forwarding it to the IEBC Director of Legal Services.

She confirmed that the video played before the committee was the same recording she had preserved.

Kariuki described the contents as offensive, inflammatory and inconsistent with the standards expected of political leaders during an electoral process.

She also testified that heightened political tensions left her feeling threatened, noting that many residents of Ol Kalou, including IEBC staff, were non-locals.

The committee ruled that her testimony established a secure chain of custody for the electronic evidence from retrieval through to its presentation before the tribunal.

The third witness, investigations officer Mohamed Halake, testified that the disputed video underwent forensic examination to verify its authenticity, source and integrity.

The analysis, conducted with technical assistance from the Communications Authority of Kenya, found that the recording had not been altered, edited or manipulated.

Investigators also established that the electronic metadata matched the original publication and that the video originated from the identified social media account linked to Muhia.

“The forensic examination confirmed the authenticity of the video and established an unbroken chain linking its publication to the respondent.”

After reviewing the oral testimony, documentary evidence and forensic findings, the committee concluded that the complaint had been proved on a balance of probabilities, paving the way for the sanctions imposed against the Kipipiri legislator.

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