The Independent Electoral and Boundaries Commission (IEBC) chairman, Wafula Chebukati, says the Commission has no power to make any determination in the allegations against Kimilili Member of Parliament, Didmus Barasa, accused of fatally shooting his opponents driver at Chebukwabi polling station.
Speaking on Wednesday, August 10, at the Bomas of Kenya, Chebukati stated the case was reported to the Commission after the voting process had come to an end in the Kimilili constituency.
Despite the allegation against Barasa, Chebukati maintained that the Commission had no powers to halt the vote counting process.
The IEBC chairperson reiterated that the Presiding Officer would announce the winner of the parliamentary contest in the area.
However, Chebukati stated that the Commission would make a determination on the next course of action once investigations into the matter are concluded by the Directorate of Criminal Investigations (DCI) and the Office of the Director of Public Prosecutions (ODPP).
The Commission's stand stems from the constitutional provision that one remains innocent until proven guilty.
"I have read the reports in the media. Counting will go on, winners will be declared. Matters of murder are criminal and it is a matter for the police and I believe the law will take its course," Chebukati stated.
"Officers who are on the ground will be witnesses. Until the individual is convicted, the Commission will not come in."
The Directorate of Criminal Investigations (DCI) expanded the manhunt of the vocal lawmaker to the neighbouring Uganda after preliminary reports by Bungoma DCI indicated that the MP had boarded a motorbike and crossed over to the East African nation.
The outspoken MP had been given 24 hours by the police to surrender.
According to a police report, the incident occurred when DAP-Kenya party candidate, Brian Khaemba, toured Chebukwabi polling station to observe the counting of votes.
Accompanied by his aide and driver, Khaemba crossed paths with Barasa. According to the police report, Barasa allegedly drew his gun shooting the opponent's aide.
"Hon Didmus Barasa withdrew a pistol and aimed at Khaemba's aide namely Brian Olunga and shot him on the forehead and he profusely bled," read part of the police report.
Olunga succumbed to his injuries as he was being rushed to Kimilili sub-county hospital. Bungoma County police boss, Samuel Kimiti, gave the politician 24 hours to surrender.
"We want him to surrender to police wherever he is. If any member of the public spots him, let them alert the police," Kimiti stated.
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