IEBC set to investigate and prosecute electoral offences

In an effort to ensure free, fair and peaceful elections, the Independent Electoral and Boundaries Commission now builds the capacity to undertake investigation in election offences and to prosecute such cases as outlined in its mandate. An Investigation and Prosecutions Department is being created to enhance the Legal Department. So far vacancies for a manager for investigation and prosecutions and two other vacancies for election offences officers have been advertised.

For a long time, electoral management in Kenya lacked the teeth and independence to handle electoral crimes but this is set to change with the enactment of a new Constitutional mandate. The Constitution of Kenya 2010, and specifically Article 88(4) (e), mandates the Commission to provide for mechanisms to settle electoral disputes, including disputes relating to or arising from nominations but excluding election petitions and disputes subsequent to the declaration of election results. In addition, Section 107(2) of the Elections Act further empowers the Commission to prosecute any offences under the Elections Act and impose sanctions against a person who commits such offences as prescribed by the Act.

Application for vacancies for the new officials, have been carried in leading local dailies and posted on the Commission’s website, close on 24th May, 2012.