Eliud Muthiora risks serving six years in jail after he set ablaze his voter's card at the Bomas of Kenya on Monday, June 6.
The presidential aspirant destroyed the card in protest of the Independent Electoral and Boundaries Commission (IEBC) disqualifying him from the race.
IEBC Chairman Wafula Chebukati ruled that Muthiora failed to submit the required signatures and instead presented a bundle of copies of ID cards for unspecified counties. Supporters list from only 19 out of the 20 counties were found to be compliant with set regulations.
The aspirant risks being charged with the destruction of election material under Section 5 of the Election Offenses Act (2016). If proven guilty beyond any reasonable doubt, Muthiora is liable to a jail term not exceeding six years, a fine not more than Ksh1 million or both.
"A person who without authority destroys, takes, opens, disposes of or otherwise interferes with any election material in use or intended to be used for the purposes of an election commits an offence.
"And is liable on conviction, to a fine not exceeding Ksh1 million shillings or to imprisonment for a term not exceeding six years or to both," reads the act in part.
Speaking to the media on June 6, Chebukati declared that the presidential hopeful had committed an electoral offence, a matter he handed over to the Director of Public Prosecutions (DPP) Noordin Haji.
"As a commission, we have the Elections Offences Act, but the powers of enforcing that law lie with the DPP whom we shall in form and action shall, of course, be taken by that office," he reiterated.
In his defence, Muthiora opined that the voters' card would not be instrumental to Kenyans who sought to have different leaders other than the cleared candidates.
"This is my voice and I know that there are those that believed that they needed a different choice from the selection that has been made.
"Maybe this is is not the only way, maybe there is another," he stated before requesting a lighter and burning the voter's card in front of the media.
Safina Party presidential aspirant Jimi Wanjigi was also disqualified for presenting a clearance certificate rather than a degree. Wanjigi, however, claimed that Chebukati was part of an elaborate scheme to bar him from contesting the August 9 polls.
Wanjigi and Chebukati were embroiled in a verbal altercation forcing the latter to turn off the former's microphone.
Umoja Summit party candidate Walter (Nyambane) Mongare's candidacy was also nullified after he failed to show up to clarify uncertainties in his academic papers. Mongar'e had been cleared to vie, a week earlier.
"He failed to honour my invitation and pursuant to Regulation 43 (2)(c) of the elections General Regulations, I hereby revoke the nomination certificate of Walter Onjoka Mong'are of Umoja Summit party dated June 2, 2022, " Chebukati announced.
Only four candidates thus remain on the ballot. These are Azimio La Umoja's Raila Odinga, William Ruto of the United Democratic Alliance (UDA), George Wajackoyah of the Roots Party and David Mwaure Waihiga of the Agano Party.
