Written By John Mutiso 📝
The Independent Electoral and Boundaries Commission (IEBC) has ruled that the Gatundu South Member of Parliament, Moses Kuria, will now face a full hearing in his vote-rigging case.
The Commission threw out a petition by Kuria’s lawyers who wanted the matter dismissed. Kuria, through his lawyer, Ndegwa Wahome, had argued that the IEBC did not have the jurisdiction to listen to such a case.
“The Commission itself is sitting as an investigator. Also, it intends to prosecute this matter. And again at the same time issue a judgment in this matter. With all due respect, it is the basic principles of law that you cannot be a prosecutor, complainant and at the same time act as a Judge,” he stated.
However, IEBC Chairman Wafula Chebukati in his ruling on Wednesday morning stated that the subject is legitimately before the Committee, dismissing the defense team’s preliminary objections.
“Electoral Code of Conduct Enforcement Committee has jurisdiction and is legally ceased of the matters,” Chebukati ruled.
“Preliminary objections are hereby dismissed and the matter shall proceed to a full hearing.”
Kuria wanted the matter referred to the National Cohesion and Integration Commission (NCIC), arguing that IEBC – being the complainant – would not guarantee a just hearing and ruling.
Kuria is accused of making utterances during UDA National Delegates Conference on March 15 to the effect that they helped rig an election.
If found guilty of violating the code of conduct, the MP could face a warning, a fine, or, in the worst-case scenario, disqualification from the August election and future elections.
The lawmaker, on the other hand, will have the right to challenge any judgment made by the Electoral Code Conduct Enforcement Committee, which is investigating the suspected vote-rigging comments.
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