offending words spoken by the 3rd respondent. The said words reads as
follows:
“ …Naona walipewa kazi na wale wengine wajue
pikipiki wanatumia allowances wanaopata wajue ni
za Jubilee. Wenzenu walikuwa wanawafukuza.
Tutaonana
na
nyinyi
baada
ya
uchaguzi
tunaelewana wazee tutakuwa na nyinyi, usione sisi
hatujui nini inaendelea dunia hii, tunaelewa kabisa.”
[315] In response, the 3rd respondent relies on an affidavit sworn by Dr.
Karanja Kibicho, who avers that as the Principal Secretary, Ministry of
Interior & Co-ordination of National Government, he received information
to the effect that, some Chiefs in Makueni County, whose names are
provided in the said affidavit, were unlawfully using their positions and
government issued motor cycles to campaign for the petitioners. He
thereafter reported the same to the 3rd respondent who warned the Chiefs
in that area not to take any political position nor use public resources to
campaign for anyone. According to the said Dr. Kibicho, it is against that
background that the 3rd respondent uttered the remarks now impugned by
the petitioners.
[316] In the above context, Section 10 of the Election Offences Act
provides:
Undue Influence
(1) A person who directly or indirectly in person undue
influence or through another person on his behalf
uses or threatens to use any force, violence including
sexual violence, restraint, or material, physical or
Presidential
Petition
No.
1
of
2017
134
|
P a g e
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