A court has directed Interior Principal Secretary Karanja Kibicho and Independent Electoral and Boundaries Commission (IEBC) chief executive officer Marjan Hussein to process Sh8 million compensation to the family of a returning officer killed by a police officer.
Justice Kanyi Kimondo said the money is in reference to the award made by a magistrate court in Murang’a in a decree dated April 26, 2018.
The family of Waithanji Mwaniki moved to court seeking compensation following his mysterious death outside a polling station in Kangema, Murang'a County during 2013 General Elections.
Mr Mwaniki was employed by IEBC as a Returning Officer.
On March 4, 2013, he was transporting ballot boxes from Kiruri Polling Station to the Kangema tallying centre when he was shot dead by an Administration Police Officer guarding the vehicle.
He died on the spot in the 3.00 am incident after being shot in the head from behind by the policeman seated at the back of the van.
They had finished counting votes for Ichichi polling station, signed all necessary documents and transmitted the results.
The court awarded the family a principal sum of Sh8.4 million to be shared equally between two of Mr Mwaniki’s representatives named as Benedditte Njeri and John Mwitumi.
After adding interest and costs, the electoral commission and the Ministry of Interior were each required to pay Sh4.4 million.
But the two delayed in obeying the court’s order, forcing the family to write two demand letters for payment dated addressed to the Attorney General on behalf of the Interior Ministry and to J. K. Kibicho Advocates, the counsel on record for the electoral agency.
The family wanted orders for committal to jail for PS Kibicho and Mr Marjan but the prayer was dismissed by court due to a technicality.
“I note that the Independent Electoral and Boundaries Commission (IEBC) is an independent constitutional commission created by Article 88 of the Constitution. By dint of Article 253 the Commission is a body corporate with perpetual succession; and, capable of suing and being sued in its corporate name,” said Justice Kimondo.
Section 13 (2) of the Independent Electoral and Boundaries Act, on the other hand, provides that any legal proceedings for execution of judgments against the commission shall be subject to the Government Proceedings Act.