Independent Electoral and Boundaries Commission (IEBC) Commissioner Dr. Alutala Mukhwana has narrated his brief interaction with Seth Panyako after he lost the Malava by-election to UDA candidate David Ndakwa.

In an interview on December 3, Muhkwana said he met Panyako at the Standard Media Group headquarters along Mombasa Road as he was waiting for an interview at Spice FM.

Mukhwana said their interaction was not the best, adding that he understands Panyako’s emotions following the by-election.

“For your information, while I was waiting to come in here, that gentleman, Seth Panyako, came out here, and the kind of interaction was not the best. It was not very pleasant, and I understand because of the emotions,” he said.

By-Election Violence

Mukhwana addressed the wave of violence witnessed in Malava, Kasipul, and Mbeere North Member of Parliament (MP) by-elections.

He stated that the pictures that were not good for anyone in Kenya, and the National Police Service (NPS) is conducting investigations.

“We requested the NPS to investigate those incidents and handle them for what they are,” Mukhwana said.

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IEBC Working With Other Agencies

However, Mukhwana said IEBC is in charge of the election but relies on other government agencies like the NPS, National Intelligence Service (NIS), and Directorate of Criminal Investigations (DCI) to ensure security.

He said IEBC has its role, but whenever the other agencies fail to play their role, the Commission takes the blame.

“In executing its mandate, IEBC relies on a multi-agency approach. IEBC does not have a police station, DCI, NIS, or military force of its own.  What ought to be appreciated is that there is what IEBC can and there is what other state agencies have to do. Unfortunately, if they don’t do it, IEBC then receives the blows,” he said.

He said all the incidents are under active investigation by the police, but the IEBC cannot intervene.

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Why Cases Will Head to Court

Mukhwana said if the investigations are not completed before the announcement of the results, the matters are handed over to court.

“Regretably, the authority of IEBC in terms of clamping down on these incidents runs from the time the election date is announced up to the time the elections are conducted. If the investigations are not concluded within this time, it becomes a post-facto incident, and the proper forum for that to be handled becomes the court,” he said.

Mukhwana explained that IEBC cannot resume voter registration in these areas 28 days after the result gazettment because the issues have not been settled.

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IEBC Commissioner Dr. Alutalala Mukhwana. PHOTO/Nation.