regard that rather than be castigated, IEBC should be commended for such
promptness and efficiency of transmission of results.
(iii) Intimidation and Improper Influence or Corruption
[70] With regard to the allegation that the Commission failed to take steps
against the 3rd respondent for alleged breach of the provisions of Section 14
of the Election Offences Act, Mr. Chiloba deposed that on 21st June 2017, he
wrote a letter to the Director of Public Prosecutions (DPP) informing him of
the alleged breaches for his action. The DPP in turn directed the Director of
Criminal investigations to take action and therefore IEBC cannot be
accused of not having taken appropriate action when the complaint was
made to it.
[71] The 3rd respondent also sought to disabuse the petitioners’ allegations
of intimidation of voters and in that regard Mr. Ngatia submitted that the
3rd respondent, on receiving intelligence information reports from among
others, Dr. Karanja Kibicho, Principal Secretary, simply warned Chiefs
against campaigning for any politician as they were public servants of
whom impartiality was expected. Counsel thus argued that a warning to
people not to engage in politics is not an act of intimidation as alleged. Mr.
Ngatia also wondered how the voters could have been intimidated when the
petitioner garnered over 130,000 votes against the 3rd respondent’s 27, 000
votes in Makueni County and in any case, there is no evidence of action
having been taken against any of those Chiefs for taking sides in politics
[72] As regards the payments made to IDPs in Kisii County, Mr. Ngatia,
referring to the affidavit of Dr. Kibicho submitted that the settlement of
Presidential
Petition
No.
1
of
2017
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