The electoral commission collected Sh7.75 million in fines from 31 candidates who were found culpable of flouting the Electoral Code of Conduct.
Current Senate Speaker Ken Lusaka and his 2017 opponent for the Bungoma governorship position Wycliffe Wangamati paid the stiffest penalties for disregarding the Independent Electoral and Boundaries Commission’s (IEBC) regulations for candidates.
Mr Lusaka and Bungoma Governor Wangamati were fined Sh1 million each “for violence by their supporters while campaigning causing physical injuries and properties damage”.
In another case, Mr Lusaka was again fined another Sh1 million “and all campaigns banned for both parties”.
Two candidates, Mr Netto Adhola – who was running for MP position – and Mr Ken Makali, a ward representative candidate for Ekarakara in Kitui County, were disqualified from the elections after they defaulted in paying the Sh250,000 and Sh100,000 fines respectively.
Four other individuals who had been found culpable however went to the High Court through judicial review and obtained orders stopping the IEBC from executing the judgment.
Among them was the current Labour and Social Protection Cabinet Secretary Ukur Yattani who was fined Sh3 million while his opponent Mohamud Ali was slapped with a Sh1 million fine. Mr Ali won the race.
“The accused person challenged the decision of the Committee in the High Court through order of the stay of judgment,” IEBC’s Electoral Code of Conduct Enforcement Committee states in a report published Friday by the commission.
In total, 71 cases were tried by the Electoral Code of Conduct Enforcement Committee.
“Thirty-seven cases were prosecuted and the accused persons found culpable; 14 cases were prosecuted and accused persons found not guilty and dismissed for lack of merit; 14 cases were dismissed for want of prosecution and non-attendance; three cases were dismissed by orders of the High Court; [and] three cases were withdrawn by the complainants,” the report adds.
In the parliamentary races, Prof Philip Kaloki was fined Sh500,000 after he was found culpable of deliberately disrupting the procession of his opponent for the Mbooni East Constituency seat, Ms Jesica Mbalu.
Ms Mbalu had complained that Prof Kaloki and his supporters “attacked her by throwing stones even as they chanted unsavoury comments against her, thereby disrupting her speech”.
In Vihiga County, former governor Moses Akaranga was fined Sh500,000 and directed to remove offensive posters within 72 hours.
The complainant, Mr Ibrahim Memba, had accused Mr Akaranga “of displaying and continuing to display posters and banners alongside ODM leader and Nasa coalition symbols”, yet he was not a candidate on the party ticket.
In Laikipia, incumbent Governor Nderitu Muriithi, an independent candidate, was also fined Sh500,000 after he was found culpable of displaying posters and banners alongside Jubilee Party colours and symbols.
“He was also accused of displaying his posters and banners with Jubilee Party presidential candidate while he was an Independent candidate,” the charge read.