High Court clears way for Sh2.5mn IEBC fine against Gikaria

Jukwaa

📻 Breaking It Down

Justice William Musyoka dismissed Gikaria’s judicial review application on Thursday, finding that the MP had not met the threshold for the orders he sought. The court also made no order as to costs.

The judgment discharged temporary orders issued on July 15 that had suspended implementation of the IEBC Electoral Code of Conduct Enforcement Committee’s July 14 determination.

The case followed complaints over remarks Gikaria made while campaigning ahead of the July 16 Ol Kalou parliamentary by-election.

📌 What You Need to Know

The IEBC committee found that his remarks concerning cash handouts and the collection of national identity card details amounted to conduct prohibited under the Electoral Code of Conduct, including statements that could imply financial inducement of voters and mislead them about voting requirements.

Gikaria had defended the collection of ID details, saying they were used to account for beneficiaries and were not intended to influence the by-election.

“During voting, is it your ID that is used? No. People vote using their fingerprints.”

The committee subsequently imposed the Sh2.5 million fine, ordered Gikaria to issue a public apology and retraction, issued a formal warning against similar conduct and referred evidence to the Office of the Director of Public Prosecutions (ODPP) for investigation of possible election offences.

Gikaria moved to the High Court after the IEBC determination, arguing that the proceedings violated his constitutional rights to fair administrative action and a fair hearing.

He challenged the decision to proceed with the hearing while he was reportedly unwell and raised concerns over the time available to respond to a cyber investigation report relied upon by the committee.

📰 Source: Capital FM Kenya

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