The Independent Electoral and Boundaries Commission(IEBC) will not take any actions against Embakasi East MP Babu Owino over the violence that was witnessed at Jacaranda grounds on Sunday June 19.
Chaos were witnessed during the Kenya Kwanza rally with DP William Ruto’s convoy being pelted with stones as he entered the venue.
Through a statement, the commission Condemned the incident but said that it was not in their powers to act against those suspected to be behind the incident because the provision was scrapped by in a Court order.
“The commission, under ordinary circumstances, would have promptly investigated and summoned the suspected perpetrators of the heinous violence. However, owing to the judicial orders in the Constitutional petition number 073 of 2022 Hon. Sabina Chege vs IEBC, the High Court declared the Electoral Code of Conduct Enforcement Committee unconstitutional, thereby withdrawing from the commission the constitutional and statutory powers to enforce the said code,” IEBC said.
The commission further stated that only the Office of the Director of Public Prosecution has the power to order and prosecute offenses under the Act.
IEBC urged ODPP to investigate and prosecute those responsible for the violence that saw a number of people get injured.
At the same time, the Wafula Chebukati-led commission asked candidates to conduct peaceful campaigns.
Babu Owino was suspected to be behind the incident after it emerged that he had also booked Jacaranda grounds on the same day.
UDA wrote to IEBC concerning the incident while accusing Owino of holding his opponent’s, Francis Mureithi of UDA, campaigns hostage though such occurrence.
Through social media he had urged Azimio la Umoja supporters to stay at home after police were reportedly dispatched to prevent a clash between Azimio and Kenya Kwanza supporters.