NAIROBI, Kenya, July 10 — The Independent Electoral and Boundaries Commission (IEBC) has fined Kipipiri Member of Parliament Wanjiku Muhia Sh1.5 million after finding that she violated 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 ordered her to publicly apologise to Kenyans within the timelines set by the commission.
The committee further warned that failure to comply with its directives or committing similar violations in future could result in her being barred from contesting elections conducted by the IEBC.
IEBC Finds Muhia Breached Electoral Code
Committee Chairperson Alutalala Mukhwana said the decision was reached after considering 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 ruling stated.
The committee also noted that Muhia had been given adequate opportunity to defend herself but chose not to participate 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,” the judgment read.
MP Given 72 Hours to Pay Fine
Among the sanctions imposed, the committee ordered Muhia to pay a Sh1.5 million fine to the IEBC within 72 hours of the delivery of the judgment.
The commission also directed the legislator to issue a public retraction and apology affirming her commitment to uphold the Constitution and the Electoral Code of Conduct.
Muhia has further been instructed to personally sign the apology at the IEBC headquarters, Vasari Towers, on Monday, July 13, at 4 p.m., before publicly issuing the statement.
In addition, the committee issued formal warnings directing the MP to refrain from making statements or engaging in conduct capable of inciting violence, hatred or intimidation during electoral activities.
It cautioned that non-compliance with the orders, or any future breach of the Electoral Code of Conduct, could attract tougher sanctions under the Elections Act, including disqualification from participating in future elections.
Three Witnesses Testified
The committee heard evidence from three witnesses during the proceedings.
The first witness, Anthony Njeraini, the Returning Officer for Ol Kalou Constituency, testified that he encountered a video circulating on social media containing remarks he considered offensive and contrary to the Electoral Code of Conduct.
A native Agikuyu speaker, Njeraini told the committee he watched and listened to the clip before reporting the matter to the secretary of the Electoral Code of Conduct Enforcement Committee, triggering investigations.
The committee found that his testimony established how the complaint originated.
Video Preserved as Evidence
The second witness, 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 held that her evidence established a secure chain of custody for the electronic evidence from retrieval to presentation before the tribunal.
Forensic Analysis Confirmed Authenticity
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 video had not been altered, edited or manipulated.
Investigators further established that the electronic metadata matched the original publication and that the recording 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,” the committee ruled.
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.