The High Court in Nairobi has quashed the Independent Electoral and Boundaries Commission (IEBC) summons against Murang’a Woman Representative Sabina Chege.
Justice Anthony Mrima has ruled that the IEBC committee has no powers to summon politicians before they have been formally nominated and ascertained that they will vie as independent candidates.
Ms Chege had sued IEBC seeking to block a hearing over her vote-rigging utterances. Justice Mrima’s orders in effect have an implication on summons against Gatundu North Member of Parliament Moses Kuria.
“The code of conduct does not apply as candidates have not yet been determined and subscribed to it. IEBC committee does not have jurisdiction to issue summons,” ruled Justice Mrima.
The judge dismissed IEBC’s argument that politicians are bound to its Code of Conduct once the election date is gazetted.
In the case, Sabina argued that IEBC has no powers to hear the complaint as she has not submitted any papers to it for August’s election or declared her candidature.
According to her lawyers James Orengo and Otiende Amollo, the Wafula Chebukati-led commission was sitting in a case where it had been indicted by the Supreme Court for failing to open servers in order for the court to authenticate the integrity of the 2017 election.
The senior lawyers stated that IEBC has continued to defy the Supreme Court orders to date.
According to lawyers, Ms Chege’s prosecution before IEBC was commenced in bad faith and rushed in a bid to embarrass and tarnish her name. Sabina said that IEBC does not have all the relevant material as required by the law.
She claimed that the commission has a pre-determined verdict to block her from participating in the August election in the event she decides to vie.
The High Court in Nairobi has quashed the Independent Electoral and Boundaries Commission (IEBC) summons against Murang’a Woman Representative Sabina Chege.
Justice Anthony Mrima has ruled that the IEBC committee has no powers to summon politicians before they have been formally nominated and ascertained that they will vie as independent candidates.
Ms Chege had sued IEBC seeking to block a hearing over her vote-rigging utterances. Justice Mrima’s orders in effect have an implication on summons against Gatundu North Member of Parliament Moses Kuria.
“The code of conduct does not apply as candidates have not yet been determined and subscribed to it. IEBC committee does not have jurisdiction to issue summons,” ruled Justice Mrima.
The judge dismissed IEBC’s argument that politicians are bound to its Code of Conduct once the election date is gazetted.
In the case, Sabina argued that IEBC has no powers to hear the complaint as she has not submitted any papers to it for August’s election or declared her candidature.
According to her lawyers James Orengo and Otiende Amollo, the Wafula Chebukati-led commission was sitting in a case where it had been indicted by the Supreme Court for failing to open servers in order for the court to authenticate the integrity of the 2017 election.
The senior lawyers stated that IEBC has continued to defy the Supreme Court orders to date.
According to lawyers, Ms Chege’s prosecution before IEBC was commenced in bad faith and rushed in a bid to embarrass and tarnish her name. Sabina said that IEBC does not have all the relevant material as required by the law.
She claimed that the commission has a pre-determined verdict to block her from participating in the August election in the event she decides to vie.
