•The defence team wanted the Committee to keep off the matter until Muranga MP Sabina Chege’s case at the High Court is heard and determined.
•Sabina’s case is also challenging the IEBC’s jurisdiction in a case where she was accused by the Committee of breaching the Code of Conduct.
Image: FREDRICK OMONDI
Gatundu South MP Moses Kuria's case on vote-rigging claims will now proceed to full hearing.
This is after the Electoral Code of Conduct Enforcement Committee ruled it has jurisdiction over the matter.
IEBC chairman Wafula Chebukati in a ruling said the matter is legally before the committee dismissing preliminary objections raised by Kuria’s defence team.
Kuria’s legal team led by Ndegwa Wahome had objected to the charges challenging the committee's jurisdiction on the matter.
“It is prudent that this committee downs its tools until the court pronounces itself on the jurisdiction issue,” Ndegwa said.
“You cannot be a prosecutor, complainant and a judge.”
The case will now be heard on April 7 after the defence team asked for more time to study the documents.
The defence team wanted the committee to keep off the matter until Murang'a MP Sabina Chege’s case at the High Court is heard and determined.
Sabina’s case is also challenging the IEBC’s jurisdiction in a case where she was accused by the committee of breaching the Code of Conduct.
But in rendering the committee’s verdict, Chebukati said the orders in Sabina’s case were only applicable to her case and were never a blanket restrain on the enforcement commission to hear similar cases.
“Electoral Code of Conduct Enforcement Committee has jurisdiction and is legally seised of the matters,” Chebukati ruled.
“Preliminary objections are hereby dismissed and the matter shall proceed to full hearing.”
Kuria is accused that during the United Democratic Alliance party delegates conference at the Kasarani Gymnasium Arena on March 15, he made remarks they helped steal votes for President Uhuru Kenyatta in the previous elections.
Uhuru's victory was challenged by his main challenger, ODM leader Raila Odinga, in both the 2013 and the 2017 general elections. The Supreme Court cancelled the later election results.
“Kuna wengine wanasema ati kura ya mlima itagawanywa; mheshimiwa Anne Waiguru, Rigathi Gachagua, Muthomi Njuki, Kimani Ichung’wa, Senator Linturi, Alice Wahome, Faith Gitau, Kimani wa Matangi…Sisi ndio tulikuwa tukishikilia Uhuru kura, na sisi ndio tulikuwa tunamuibia kura,” Kuria said.
This loosely translates to, “Some are saying the Mt Kenya vote will be divided. Anne Waiguru, Rigathi Gachagua, Muthomi Njuki, Kimani Ichung’wa, Senator Linturi, Alice Wahome, Faith Gitau, Kimani wa Matangi…we are the people who guarded Uhuru's votes, and we are the ones who rigged the election.”
If found guilty of breaching the code of conduct, the MP may either be warned, fined or in the extreme disqualified from the August and future polls.
The lawmakers will however be free to appeal any decision of the Electoral Code Conduct Enforcement Committee that is handling the alleged vote rigging remarks.
Edited by Kiilu Damaris