Coalition for Reforms and Democracy (CORD) co-principal and Bungoma Senator Moses Wetangula has written to the Independent Electoral and Boundaries Commission (IEBC) detailing why he should be allowed to defend himself before his name is struck off the voters’ register.
Through his lawyer James Orengo, Wetangula stipulates some of the reasons why he believes the IEBC has no mandate to strike his name off the register, something that will automatically kill him politically.
“Deleting the name of Senator Moses Wetangula would constitute a serious constitutional violation and undermine the pillar of Kenya’s democracy,” reads the letter drafted by Orengo and seen by Nation.According to him, IEBC can only remove Wetangula’s name from the register if only he is convicted of an election offence according to the constitution which states that ‘one can only be removed as a voter if he has been convicted of an election offence in the preceding five years’.
“Our client has never been convicted of an election offence as understood in criminal law and in terms of the judgement of the Supreme courtm,” Orengo added.
The Siaya Senator goes further to tell the commission that it is, therefore, duty-bound to give Wetangula a chance to defend himself as enshrined under Section 87(3) of the Elections Act.
This comes after Senate Speaker Ekwe Ethuro gazetted a Supreme Court report which found Wetangula guilty of bribing voters in the 2013 by-election which he won.
IEBC was waiting on the speaker to make the move before they make reviews and recommend action for the same.
Wetangula’s team fears that IEBC could resort to delete his name from the voters registered as stated in Section 87(3) which says that once the Speaker gazettes a ruling, the commission shall consider the report and delete from the register of voters the name of the disqualified person.
Wetangula lost his seat in 2013 when his rival Musikari Kombo managed to convince court that there were election malpractices.
He, however, recaptured the seat in the December, 2013, by-election but was found to have bribed voters by the High Court and the Supreme Court, leading to his current troubles.
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