IEBC fines Nakuru East MP David Gikaria Sh2.5 million for electoral code breach

IEBC fines Nakuru East MP David Gikaria Sh2.5 million for electoral code breach

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The agency's Electoral Code of Conduct Committee, led by Chair Alutalala Mukhwana, issued the ruling on Tuesday, hours after it dismissed an application by the MP seeking to postpone proceedings on grounds that he had been hospitalised.

The Independent Electoral and Boundaries Commission (IEBC) has issued a Sh2.5 million fine on Nakuru East MP David Gikaria for breaching the agency’s Electoral Code of Conduct.
The agency's Electoral Code of Conduct Committee, led by Chair Alutalala Mukhwana, issued the ruling on Tuesday, hours after it dismissed an application by the MP seeking to postpone proceedings on grounds that he had been hospitalised.
The case stems from remarks Gikaria made in Ol Kalou, Nyandarua County, on July 6, in which the MP appeared to admit to engaging in voter bribery while campaigning for United Democratic Alliance (UDA) candidate Samuel Muchina Nyaga ahead of the July 16 Ol Kalou parliamentary by-election. Gikaria also claimed that residents would not be required to present physical national identity cards to vote.
Addressing journalists in Nairobi on Tuesday, Mukhwana noted that evidence presented before the Committee had established that the MP, who has ignored the Committee’s summons on three different occasions, including Tuesday, was culpable for breaching the Country’s Electoral Code of Conduct.
“The distribution of funds which the respondent admits to doing constitutes an abuse of his position under Paragraph 6 i) of the Code,” said Mukhwana.
“Deploying his influential position as an MP, Gakaria offered the rally attendees a representation on the ID requirement which misrepresents the position under the Elections Act.”
The Committee subsequently fined the MP Sh2.5 million and ordered him to issue a public apology within 48 hours or face suspension from IEBC-led electoral processes.
“The respondent is compelled to pay a fine of Sh2.5 million within 48 hours of the determination. The respondent shall issue a public retraction apology on Wednesday, July 15, at 10:00 am at Anniversary Towers before the public,” Mukhwana said.
The Committee also recommended that evidence on the case be referred to the Office of the Director of Public Prosecutions (ODPP) to investigate potential offences under the Elections Offences Act.
“If established, Gikaria should be prosecuted criminally under the law," said the Committee Chair.
According to IEBC, failure to comply with the directives could result in consequences affecting the MP’s eligibility to participate in future elections. The committee also cautioned Gikaria against repeating similar statements, warning that such remarks could fuel violence and hostility among members of the public.
The development comes just days after IEBC imposed a Sh1.5 million penalty against Kipipiri MP Wanjiku Muhia and directed her to issue a public apology after finding that she breached the Electoral Code of Conduct during a campaign event in Nyandarua County last month.
The action followed remarks Muhia made on June 14 while campaigning in Ol Kalou Constituency, Nyandarua County, ahead of the area’s parliamentary by-election.
During the rally, the MP stated that participation in the contest should be limited to residents of the constituency, remarks that drew criticism from opponents who accused her of promoting exclusion and insinuating violence against those perceived as outsiders.

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