The Independent Electoral and Boundaries Commission (IEBC) has ruled that the vote-rigging claims case facing Gatundu South Member of Parliament, Moses Kuria, will now proceed to full hearing.
The Commission, led by Chairman Wafula Chebukati, stated that the matter was weighty and warranted further proceedings. Kuria had sensationally claimed that the Jubilee Party stole the 2017 elections to hand President Uhuru Kenyatta an easy win.
The Commission threw out a petition by Kuria's lawyers who wanted the matter dismissed. Kuria - through his lawyers - had argued that the IEBC did not have the jurisdiction to listen to such a case.
The outspoken lawyer further noted that he had not been supplied with the necessary evidence the IEBC relied on in its prosecution of the case.
Kuria wanted the matter referred to the National Cohesion and Integration Commission (NCIC), arguing that IEBC - being the complainant - would not guarantee a just hearing and ruling.
"The preliminary objections raised by the council of the respondent is hereby dismissed and directs that this matter proceeds for a full hearing," Chebukati stated.
In the morning session, Kuria's lawyers denied claims that they had the requisite documents as stated by the committee, noting that they had only received the summon and the statement of breach. This despite the committee stating that it had submitted the two as well as a video clip of the incident, a certificate of processing the clip and an affidavit of the investigating officer
"Our client has not received any other documents apart from the summons and the statement of the breach, that is the only document he has confirmed to have received. Therefore we ask for your directions on how we treat the evidence that is alleged to be supplied and on the preliminary objection.
In their preliminary objection, the legal team claimed that the committee did not have the jurisdiction to handle the matter.
"Our preliminary objection is that this commission is not with the jurisdiction to be able to deal with this issue despite proceedings being cited under article 4 and section 110 of the elections act. The basis of this is that NCIC is the right body under the National Cohesion and Integration Act is the right body to deal with the issues of the nation as is found with the summons and the breach," the lawyers argued
They also wanted the hearing of the matter to be temporarily halted pending the ruling on a case filed by Murang'a Woman Rep Sabina Chege at the High Court, challenging the IEBC 's jurisdiction on the matter.
"This is not a new issue, this commission has been able to deal with. In the case IEBC vs Sabina, the same issue arose as to the place of the commission in the enforcement of its own code of conduct against a statute enacted by the parliament
"Therefore it is our position that before that issue is decided on who has the mandate, this committee should down its tools. Anything to the contrary ill trigger another suit for interpretation on the question of jurisdiction," the counsels noted.
