The Supreme Court has dismissed the Independent Electoral and Boundaries Commission’s appeal against Nominated Member of Parliament Sabina Chege, which accused her of spreading claims that the 2017 election was rigged in favour of former President Uhuru Kenyatta.

The five-judge bench, comprising of Justices DCJ Mwilu, Wanjala, Njoki, Lenaola, and Ouko, ruled on Tuesday that the Commission’s evidence was inconclusive and lacked validity.

Furthe, the court ruled that the IEBC’s summons to the lawmaker to come before the commission to clarify her accusations violated the court’s regulations.

“The Supreme Court, however, noted that the appellant (IEBC) other than stating in its pleadings did not adduce any evidence to confirm that indeed the Jubilee Party subscribed to the Electoral Code for the election period which time was running from the January 20, 2022, to the declaration of the results of the general election that were held on August 9, 2022,” the Supreme Court judges ruled.

According to IEBC, Chege’s statements called the Commission’s legitimacy into doubt.

However, the Supreme Court determined that the Electoral Code of Conduct, which is a Constitutional document, cannot be used as a reference for such summons.