It has come to the attention of TNA that Ms. Diana Kethi Kilonzo, the Wiper Democratic Party candidatefor the Makueni County Senatorial by-election, is not a registered voter. Our perusal of the voters register has confirmed that Ms. Kilonzo does not appear on the roll, nor is there any voter registration for Kenya
National Identity Card Number 21216762, which is Ms. Kilonzo’s Kenya National Identity Card Number.
We are also reliably informed that due to the fact that Ms. Kilonzo was not a registered voter, she did notvote during the March 2013 General Elections.TNA urges the IEBC to reject the proposed candidature of Ms. Kilonzo on the grounds that she is notlegally qualified to contest for a Parliamentary Seat under the relevant Section of the Elections Act.Further we wish to remind the IEBC that it does not have the legal authority to register any new voterswith respect to either this by-election. Section 5(1)(b) of the Election Act states:
(1) Registration of voters and revision of the register of voters under this Act shall becarried out at all times except
(b) in the case of a by-election, between the date of the declaration of the vacancy of theseat concerned and the date of such by-election;
With the above in mind; it is our opinion that Ms. Kilonzo is statutorily barred from contesting in theMakueni County Senatorial by-election by dint of not being a registered voter; a fatal defect that the IEBCis statutorily barred from rectifying by registering her at this stage.We are also aware that the disqualification of Ms. Kilonzo means that the Wiper Democratic Party will notbe able to nominate another candidate to vie in the by-election in her place. This is by virtue of Section13(2) of the Elections Act which states:
(2) A political party shall not change the candidate nominated after the nomination of thatperson has been received by the Commission:
It is instructive to note that based on Ms. Kilonzo’s disqualification under Section 24(1) of the Elections
Act; her participation at this by-election, either as a candidate or as a voter would be a criminal actpursuant to Section 58 of the Elections Act; punishable by a fine not exceeding one million shillings or toimprisonment for a term not exceeding six years or to both.Additionally, TNA would like to draw the attention of the IEBC to the provisions of Section 59(1) of theElections Act, regarding Election Offenses by Members and Staff of the IEBC.