IEBC blames police officers for by-election violence, maintains poll largely successful

The Independent Electoral and Boundaries Commission (IEBC) has blamed lapses by the National Police Service (NPS) and the Directorate of Criminal Investigations (DCI) for the violence that disrupted the November 27 by-elections, insisting the commission itself delivered a largely successful poll.

According to the commission, it fulfilled 95 per cent of its mandate, with security failures outside its control accounting for the remaining gaps.

IEBC Commissioner Alutalala Mukhwana said the commission’s role was largely executed, while the five per cent of unfulfilled responsibilities fell to other state agencies.

"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 on Wednesday during an interview with Spice FM.

The remarks come amid criticism that the commission did not suspend or cancel elections in areas affected by violence. In Kasipul, two people died on November 6 following clashes between supporters of Orange Democratic Movement (ODM) candidate Boyd Were and independent candidate Philip Aroko, who held unscheduled rallies in Opondo despite a harmonised campaign timetable.

In Malava, Democratic Action Party-Kenya (DAP-K) candidate Seth Panyako and his staff were attacked at Downhill Kaburengu Hotel on the night of November 26, hours before polling. Armed assailants injured employees, damaged property and vehicles and left one man stripped naked, creating fear among voters.

The by-elections, which covered six constituencies and one Senate seat, were a key test for the newly sworn-in IEBC, which took office on July 11 after a prolonged vacancy.

Mukhwana, who oversaw Magarini Constituency, defended the commission’s performance, saying 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.

He added that polling stations opened on time, ballot boxes were openly inspected, observers were present, and officers were properly trained and sworn to secrecy.

Acknowledging the disturbing images from Kasipul and Malava, Mukhwana said, "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. Unfortunately, if other state agencies do not do their part, IEBC receives the body blows."

On the two deaths in Kasipul, he said the commission acted on evidence presented to its disputes committee.

"Regrettably, two lives were lost. 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 said.

Both Kasipul candidates were fined Sh1 million each on November 19 for violating agreed campaign routes, penalties the commission deemed sufficient, which did not halt the elections. The IEBC’s Electoral Code of Conduct Enforcement Committee also accused the Homa Bay County government of using public resources to fuel violence.

Incidents of election-related violence included the attack on Homa Bay Town MP Peter Kaluma at Agoro Sare Primary School, the theft of a firearm from his bodyguard, the torching of a vehicle belonging to DAP-K party leader Eugene Wamalwa and the arrest of Trans Nzoia Governor George Natembeya in Kitale, which sparked protests.

Other Topics To Read

• Headlines
• National
• National Police Service
• DCI
• IEBC
• November 27 by-elections
• Alutalala Mukhwana
• IEBC blames police officers for by-election violence
• maintains poll largely successful

Seventeen people were arrested in Kasipul on election day for carrying crude weapons, and police are still pursuing suspects involved in the firearm theft.

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

"These actions undermine the principles of Article 86 on the conduct of simple, accurate, verifiable, secure, accountable and transparent elections," he said, calling on the NPS and DCI to investigate and hold perpetrators accountable.

Mukhwana urged the public to view the commission’s response in context.

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

Despite the unrest, the United Democratic Alliance (UDA) won seats in Mbeere North, Malava and Banissa, while ODM claimed Kasipul, Ugunja and Magarini. An independent candidate won the Kabuchai Member of the County Assembly seat.