NAIROBI, Kenya, Apr 8 – Gatundu South Member of Parliament Moses Kuria and Muranga Woman Representative Sabina Chege are not off the hook yet as the Independent Electoral and Boundaries Commission (IEBC) has submitted their files to the Office of the Director of Public Prosecutions (ODPP) for further action.
The duo was being probed by the Commission over remarks they made that the 2013 and 2017 General Election were rigged in favor of President Uhuru Kenyatta.
The proceedings which were being conducted by the Commission’s Code of Conduct Enforcement Committee chaired by Wafula Chebukati was however, halted by the High Court after the two lawmakers challenged IEBC’s jurisdiction to hear the matter.
“We have already talked with the Director of Public Prosecutions Noordin Haji to look into the matter so that action can be taken against the two,” he said.
Chebukati noted that the Commission’s lawyers are looking into the High Court ruling with a view of launching an appeal against it.
“Once our lawyers advise we will know how to proceed but in the meantime nay election offense case the Commission will be directing it to the ODDP for further action,” he said.
He stressed that “there is no vacuum in law” and assured that the Commission is keen on ensuring the lawmakers are made accountable.
The High Court on Thursday barred the Commission from proceeding to hearing the vote rigging case against Kuria.
A similar ruling was also made on Tuesday when the Commission was stripped of powers to summon any witness or candidate in violation of the Electoral code of conduct in the case against Chege.
In Kuria’s case, Justice Anthony Mrima noted that he will give further directions on the matter next week on Wednesday.
In the case against Chege, Justice Mrima termed the Electoral code enforcement committee chaired by Wafula Chebukati unconstitutional and illegal.
“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.
Justice Antony Mrima termed the summons by the poll body unconstitutional as the electoral code can only be enforced on a candidate who has declared his or her candidature to vie under a political party or as an independent candidate.
“It is in public purview that according to the Notices and the election timetable released by the Respondent, party nominations are yet to be conducted and there has yet to be formal submission of nominations to the Respondent. As a result, the Petitioner cannot be deemed to be a candidate in the forthcoming elections,” Mrima ruled.
Both Kuria and Chege have branded the Commission as “idlelers chasing the wind”.
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