Kipipiri MP Wanjiku Muhia Fined KSh 1.5 Million Over Hate Speech Remarks

 Kipipiri MP Wanjiku Muhia Fined KSh 1.5 Million Over Hate Speech Remarks

Photo Collage/Wanjiku Muhia MP & IEBC chairperson 

The Independent Electoral and Boundaries Commission (IEBC) has taken disciplinary action against Kipipiri Member of Parliament Hon. Wanjiku Muhia after finding that she violated the Electoral Code of Conduct during the ongoing Ol Kalou Constituency by-election campaigns. The commission's decision has attracted widespread public attention because it highlights the IEBC's commitment to enforcing election laws and promoting peaceful political campaigns. With the country preparing for several important political contests, the ruling serves as a reminder that leaders are expected to conduct themselves responsibly and avoid language that could threaten peace or encourage violence.

The final decision was reached during a meeting of the IEBC Electoral Code of Conduct Enforcement Committee. The session was chaired by Commissioner Alutalala Mukhwana and attended by committee members Mary Karen Sorobit, Hassan Nur Hassan, Professor Francis Aduol, and committee secretary Nancy Koross. The committee reviewed evidence presented before it and considered legal arguments from both sides before arriving at its judgment. According to the committee, its responsibility is to ensure that every candidate and political leader follows the Electoral Code of Conduct, which was created to guarantee peaceful, fair, and credible elections across Kenya.

The case against Hon. Wanjiku Muhia arose after a video recorded during a political rally in Ol Kalou spread widely on social media. In the video, the legislator was seen addressing supporters while standing on the roof of her vehicle. During her speech, delivered in Kikuyu, she encouraged residents to organize themselves into groups of ten to monitor outsiders entering the area. She allegedly suggested that visitors should leave their ATM cards with their wives and land title deeds with their sons because they might end up in hospital or even lose their lives. The remarks quickly generated debate online, with many Kenyans expressing concern about the possible meaning and impact of such statements.

After reviewing the footage and other available evidence, the IEBC committee concluded that the remarks were serious enough to amount to a breach of the Electoral Code of Conduct. The committee stated that the language used had the potential to create fear, encourage hostility, and promote violence against people perceived to be outsiders. According to the committee, political leaders have a duty to unite citizens instead of creating divisions based on where people come from or their political affiliations. The commission emphasized that election periods are often sensitive and that careless or inflammatory statements can easily increase tensions within communities.

One notable aspect of the proceedings was that Hon. Wanjiku Muhia did not appear before the committee in person. Instead, she was represented by a team of five lawyers led by Hon. Edward Muriu. The legal team also included advocates Ndegwa Njiru, Kiragu Wadhuta, Boniface Nyamu, and Karuki Njiri. Before the hearing could proceed, the lawyers raised preliminary objections aimed at stopping the case. They argued that Commissioner Alutalala Mukhwana did not have the legal authority to chair the committee, claiming that another individual had previously been appointed to that position through a government notice.

The committee temporarily suspended the proceedings to consider the legal objections. After reviewing the arguments, it dismissed them and ruled that the hearing would continue. The committee explained that it derives its authority directly from the Constitution of Kenya and the Elections Act, giving it the legal mandate to investigate and punish violations of the Electoral Code of Conduct. It further stated that Commissioner Mukhwana had been lawfully appointed to chair the committee and was fully qualified to preside over the hearing.

The committee also referred to an earlier decision by the Supreme Court involving former Member of Parliament Sabina Chege. According to the committee, that judgment confirmed that the IEBC has the legal power to investigate and discipline candidates and political leaders who violate election laws. The committee relied on this legal precedent in rejecting the objections raised by Hon. Wanjiku Muhia's legal team, saying the commission's powers in such matters have already been clearly established by the country's highest court.

Following the hearing, the committee found Hon. Wanjiku Muhia guilty of violating the Electoral Code of Conduct by making remarks that it considered capable of inciting hatred and violence. As a result, the IEBC imposed a financial penalty of KSh 1.5 million. In addition to the fine, the commission issued her with a formal warning, directing her to avoid making similar statements during future political activities. The committee stressed that all political leaders should exercise restraint when addressing supporters and should promote peaceful coexistence regardless of political differences.

The commission ordered the legislator to pay the KSh 1.5 million fine directly to the IEBC within 72 hours of the judgment. Commissioner Mukhwana warned that failure to comply with the order could lead to even more serious consequences. Among the possible penalties mentioned was disqualification from participating in future elections organized by the IEBC. The warning demonstrated the commission's intention to enforce its decisions and discourage violations of the Electoral Code of Conduct during the campaign period.

The decision has sparked discussion among political observers, legal experts, and members of the public. Some believe the ruling sends a strong message that no politician is above the law and that campaign speeches must remain respectful and responsible. Others argue that political leaders should be allowed to express themselves freely but within the limits set by the Constitution and election laws. Regardless of differing opinions, the case has renewed conversations about the importance of maintaining peace during election periods and the responsibility leaders have in shaping public opinion.

During the same media briefing, Commissioner Mukhwana announced another significant development involving Nakuru Town East Member of Parliament Hon. David Gikaria. The IEBC confirmed that it has officially summoned the lawmaker to appear before the Electoral Code of Conduct Enforcement Committee over allegations of breaching election rules during the Ol Kalou by-election campaigns.

According to the commission, the investigation followed public remarks by Hon. Gikaria in which he admitted on camera that he distributed KSh 1.2 million to members of the public during a political rally. He reportedly said the money had been given to his campaign team to distribute across different wards. Such statements have raised concerns about possible voter inducement and whether the actions violated election laws governing campaign conduct and the use of money during political activities.

The IEBC has directed Hon. Gikaria to appear before the committee and respond to the allegations. The commission has not yet reached a conclusion on his case, and the hearing will give him an opportunity to explain his actions before any decision is made. Like all disciplinary proceedings, the committee is expected to review the available evidence and hear both sides before issuing its ruling.

The recent actions taken by the IEBC demonstrate the commission's determination to ensure that political campaigns are conducted peacefully and in accordance with the law. As the Ol Kalou by-election continues to attract national attention, both candidates and their supporters are being reminded that elections should be based on ideas, policies, and respect for democratic principles rather than threats, hate speech, violence, or unlawful campaign practices. The commission has repeatedly urged all political leaders to exercise caution in their public statements and to uphold the values of peace, unity, and respect for every Kenyan throughout the election period.