Written By Mary Mumbua 📝
The High Court has overruled the electoral commission’s decision to summon Murang’a Woman Representative Sabina Chege over her remarks that the 2017 presidential election was marred by irregularities.
According to Justice Anthony Mrima, the Electoral Code of Conduct Enforcement Committee of the Independent Electoral and Boundaries Commission (IEBC) lacks the authority to issue the summons.
“The Enforcement Committee is an unconstitutional entity. It is a nullity and void ab initio (from the beginning). It, therefore, matters not whether the chairperson of the IEBC rightly so chaired the Enforcement Committee or otherwise. The chairperson was without doubt riding on a ‘constitutionally dead horse’,” said Justice Mrima.
The judge also stated that the committee is unconstitutional and null and void because the IEBC is not one of the entities authorized by the Constitution to summon witnesses during investigations.
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