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.
Chairman Wafula Chebukati said the Electoral Code of Conduct Enforcement Committee prosecuted 71 cases during the election.
The cases were broken down into: Prosecuted and accused found culpable (31), Defaulted the orders of the committee and were disqualified (2), Prosecuted accused found not culpable and dismissed for lack of merit (14).
Fourteen were dismissed for want of prosecution and non-attendance, dismissed by order of High Court (3), withdrawn by the complainant (3).
In four, the High Court issued an order of stay of judgement which challenged the committee to execute the judgement.
Election officers who committed electoral offences faced Sh1 million fine, three years imprisonment or both under the election offences Act enacted by Parliament.