IEBC says Moses Kuria 'vote-rigging' case to proceed to full hearing

IEBC chairman Wafula Chebukati gave the verdict on Wednesday, hours after MP Kuria's lawyer raised objection, claiming that the IEBC stepped out of its jurisdiction by summoning the MP to a hearing. 

According to the IEBC's, MP Kuria was in breach of its code of conduct by raising queries into the credibility of the said polls. 

Kuria was represented before the committee by lawyers Ndegwa Wahome and Geoffrey Omenke.

The lawyers argued that the IEBC is not mandated to hear the case because the matter falls under the jurisdiction of the National Cohesion and Integration Commission (NCIC).

In their argument, the lawyers claimed that by hearing the case, the IEBC would be acting as the complainant, prosecution, and jury.

"The high court ruled that this committee has no jurisdiction to preside over this matter," Wahome told the committee. 

"It will only be prudent that we wait for ruling on IEBC’s jurisdiction by the high court, IEBC Commission cannot be the complainant, prosecutor & the judge. It will be biased in arriving at its judgement," 

In their objection, the lawyers also stated that they have yet to be served with the IEBC's sworn affidavit regarding the breach of conduct and would require time to advise their client.

The IEBC, on the other hand, dismissed the objection, stating that the committee is mandated by article 884J of the constitution to oversee code of conduct compliance.

The Election Act, according to Chairman Wafula Chebukati, binds all political party candidates as well as the government.

At the same time, the IEBC stated that Kuria's lawyers failed to distinguish between the functions of the committee and the commission.

Meanwhile, the controversial MP vowed to move to court to have the IEBC barred from hearing the matter. 

"I am heading to the court to stop IEBC from presiding over the so called hearing," the MP said on Wednesday. 

He also claimed that he would spill the beans on 'IEBC's refusal to open the servers', further claiming the commision is ill-prepared to handle the 2022 General Election. 

 "I am going to spill the beans regarding IEBC’s refusal to open the election servers & Ill preparedness to carry upcoming elections," the MP added. 

"IEBC wajipe shughuli," 

According to the IEBC, the matter will now be heard on April 7.