Chaos over Mutula Jnr rigging claim

By Standard team

KENYA: Controversy raged over Friday’s Makueni Senate by-election after a full day of drama marked by riots over an alleged plot to rig the contest.

For long hours on Wednesday, parties to the dispute over Wiper candidate Mutula Kilonzo Junior’s exclusion from the printed ballot papers argued the matter during a lengthy closed-door Chamber’s hearing at the High Court.

Late Wednesday evening, High Court judge Richard Mwongo acknowledged that pasting a separate paper with Mutula’s name manually on the ballots was contrary to the electoral rules but preferred to go that way than throwing the country into a constitutional crisis.

Under Article 101(4) (b), the by-election must be held within 90 days from the date the seat held by the lateMutula Kilonzo was declared vacant by the Independent Electoral and Boundaries Commission (IEBC) following his death on April 27.

The timeline expires on Saturday.

Outside the courtroom, embattled IEBC and the Coalition for Reforms and Democracy ( CORD) pressed their case on separate platforms. IEBCexplained why the ballot papers, which are expected in the country today, were printed without the details of the Wiper candidate.

Electoral officials said space had been left on the printed ballots to accommodate the party’s candidate after the High Court ruling on Friday and pleaded for understanding.  IEBC deputy commission secretary in charge of Support Services Wilson Shollei explained how the commission would stick a strip with Kilonzo’s details on the ballot papers.

He said the action would not compromise the poll, explaining the strip to be stuck has security features similar to those on the ballot. “There is no reason for anyone to imagine or think that any candidate will be at a disadvantage. There is no patchwork that will be done as all security features are ingrained,” he told a news conference where he demonstrated how the strip would be stuck.

But as CORD leaders wound up campaigns in Makueni, Kilonzo said he had refused to have stickers bearing his portrait appended on the ballot papers. “I have refused to have ballot papers with stickers of my portrait. If you get such ballot papers don’t accept to use them to vote,” he told a campaign stop.

Sensitive issue

As a pointer to the sensitivity surrounding the issue, IEBC has dispatched a dedicated team of senior officials to Makueni to verify the ballot papers to ensure names of all candidates were represented.

The electoral body said the more than 100 senior officials have the specific assignment of ensuring that all candidates cleared by the commission for the senatorial race are on the ballot.

“The team has been trained and will undertake only the ballot papers verification duty,” said a statement by Tabitha Mutemi, the commissions’ Communications and Corporate Affairs manager.

“Voting and transmission of results from 914 polling stations in the six constituencies (Mbooni, Kilome, Kaiti, Makueni, Kibwezi West and Kibwezi East), will be undertaken by another set of staff,” added the statement.

The rival coalitions exchanged harsh words on the final day of campaigning ahead of polling tomorrow.  Wiper party leader Kalonzo Musyoka, who led CORD campaigns yesterday, told supporters to be vigilant, alleging the Jubilee alliance plotted to rig the election in favour of its candidate, Prof Phillip Kaloki.

“I want to caution our agents to be extra vigilant. If you get any open boxes or suspect any scheme to rig the election, shout at the top of your voices and refuse to conduct that election process,” Kalonzo said.

But Kaloki accused CORD of hiring youths to disrupt his rallies and using scarecrow tactics to undermine his candidature.

Kaloki blamed his hostile reception during his campaigns on Wiper party that “sponsored political hooliganism” to portray the image that he had no backing.

Democratic right

“It has become evident that CORD is trying to impose their candidate on the people. The electorate will exercise their democratic right on Friday when they go to the polls,” he added.  Earlier in the day, the vote-rigging claims sparked riots in Wote Town where police battled protestors who barricaded roads and stoned vehicles hired by IEBC.

Trouble started when drivers of vehicles hired by IEBC to ferry presiding officers to various polling stations asked residents for directions.

Rumours that the vehicles were ferrying ballot papers pre-marked in favour of the Jubilee candidate prompted violent demonstrations.

One driver was roughed up and sought refuge at Unoa Primary School where the police rescued him.

Several cars had their windscreens smashed.

In Nairobi, Shollei explained that once the details of the candidate were inserted using the strip, the alteration would not be detected. 

He explained the action could be considered tampering with the ballot papers because the commission would be acting as the printer.

“We have moved heaven and earth and even gone to the sun to ensure that theMakueni by-election goes on as required in the Constitution,” said Mr Shollei. 

“The printer had indicated to us that it would be impossible to deliver the ballot papers in time for the July 26 polls, if the details of candidates were not submitted by July 17,” said Shollei, who was briefing the 180 CEC’s who will be in Makueni.