IEBC has written to Director of Public Prosecutions (DPP) Noordin Haji to initiate a probe against Raila Odinga and William Ruto for engaging in alleged “illegal early campaigns and use of public resources” following complaints by Thirdway Alliance Kenya party.
IEBC Chairman Wafula Chebukati cited the Ekuru Aukot-led party’s letter to the commission on March 11, 2022, lamenting about the two leading candidates’ alleged use of public funds for their own personal and political agenda.
This, the party claimed, was giving the Azimio la Umoja and Kenya Kwanza frontmen an unfair advantage over their other opponents in the race to State House.
“The Third Way Alliance Party wrote to the Commission on 11th March 2022 expressing displeasure at the manner in which illegal early campaigns have gained currency and the use of public resources to advance personal and political objectives has become prevalent,” stated Chebukati
“The Party has singled out the Deputy President Dr William Ruto and former Prime Minister Raila Odinga as having an undue advantage over other aspirants by dint of using of public resources thus enjoying a competitive edge.”
The IEBC boss hence urged DPP Haji to invoke his duty to investigate and prosecute such manner of offences as stipulated under the Election Offences Act.
“Section 14 of the Election Offences Act, 2016 outlaws use of public resources for the purpose of campaigning during an election,” wrote Chebukati in the letter dated March 22, 2022.
“In addition, pursuant to Section 21 of the Act, it is the Director of Public Prosecution that has power to order investigations and to prosecute offences under the Act.”
He added: “It is in this premise that we wish to escalate this complaint to your office to deal since the same falls under your purview.”
Thirdway Alliance Kenya party leader Aukot on March 11 wrote to Chebukati seeking to have Odinga and DP Ruto barred from participating in the August elections.
Aukot argued that the duo had overtly breached IEBC regulations by campaigning all over the country using public resources prior to the election body’s set commencing date of May 29, 2022.
To further supplement his case, Aukot highlighted how DP Ruto has been using his official residence in Karen as a venue to host delegations for his United Democratic Alliance (UDA) party.