The High Court has suspended the proceedings against Gatundu South MP Moses Kuria over poll rigging remarks he made last month.
Kuria is alleged to have made the remarks during UDA's National Delegates Conference.
Justice Anthony Mrima directed Kuria to serve IEBC with his court papers and other necessary documents to be filed in court ahead of the hearing on April 13.
Mrima on Monday quashed a decision of the electoral agency to summon Murang’a Woman Representative Sabina Chege over her remarks that the 2017 presidential election was marred by malpractices.
The judge said IEBC's Electoral Code of Conduct Enforcement Committee does not have the powers to issue the summons.
Kuria said the IEBC started the process to protect itself from public scrutiny after its refusal to comply with Supreme Court orders five years ago.
The order Kuria is speaking about required the commission to open the servers following claims of irregularities. The order is yet to be complied with.
The MP, in an urgent application before the High Court, wants an order directing the commission to avail a report of the said investigations conducted.
He also wants IEBC to stop any kind of investigations against him over the same subject matter and a declaration issued that the summons are unconstitutional.
The electoral agency last month summoned Kuria over remarks he made that he and others helped steal votes for President Uhuru Kenyatta in the previous elections.
IEBC said Kuria's remarks created an impression that the Jubilee Party, which he belonged to, stole the 2017 election and rigged in favour of President Kenyatta.
The agency also said the statement cast aspersions on the integrity of the 2017 polls and, specifically, the voting system developed by them (IEBC) is not secure.
But according to Kuria, the IEBC is intent on frustrating his rights to participate in election in any capacity should he choose to do so.
He said the whole process before the commission is flawed and was started in bad faith.
The commission, he said, has no jurisdiction, both under the Elections Act and the Constitution, to summon him.
(edited by Amol Awuor)
