Written By John Mutiso 📝
The Independent Electoral and Boundaries Commission (IEBC) has been ordered by the High Court to stop hearing the vote rigging case against Gatundu South MP Moses Kuria.
Justice Anthony Mrima issued the stay orders after Kuria challenged the Commission’s power to investigate his case in court on Thursday.
Kuria was ordered by Justice Mrima to serve IEBC with his court papers and other required documents to be presented in court prior to the April 13 hearing.
Following remarks he made on March 15 during UDA’s National Delegates Conference alleging that the 2013 and 2017 General Elections were rigged in favor of President Uhuru Kenyatta, Kuria is being questioned by the Commission’s Electoral Code of Conduct Enforcement Committee.
“The proceedings before the respondent are hereby stayed to the date of directions,” Justice Mrima ruled.
Justice Mrima said he will give further directions on the matter next week on Wednesday.
Kuria was set to appear before the Wafula Chebukati-led Committee on Thursday.
The Electoral Code Enforcement Committee, chaired by Wafula Chebukati, was also declared unconstitutional and illegal by Justice Mrima.
The Commission was on Tuesday stripped of powers to summon any witness or candidate in violation of the Electoral code of conduct.
“Flowing from the foregoing, this Court finds and hold that the Respondent (IEBC) has no jurisdiction to either summon any witness or to conduct any hearing in relation to a complaint on breach of the Electoral Code or at all,” Mrima stated in his ruling.
Mrima also overturned an electoral commission judgment summoning Murang’a Woman Representative Sabina Chege for allegations that the 2017 presidential election was tainted by irregularities.
