NAIROBI, Kenya, Jul 13 – Nakuru Town East MP David Gikaria is expected to appear before the IEBC Code of Conduct Enforcement Committee on Tuesday after the panel granted what it described as a final 24-hour adjournment.
The Committee rejected claims that the legislator had not been served or was medically unable to attend the hearing.
Chairperson Alitalala Mukhwana said there was no evidence before the committee to support the medical claim.
“This Committee has not received any evidence whatsoever that the MP is indisposed.”
On the issue of service, the committee ruled that electronic service was valid after evidence showed the summons had been sent to Gikaria’s known phone number.
“Under the processes of service… we deem it that the service was done and it was proper service,” Mukhwana said.
The Committee also rejected the Gikaria’s arguments challenging the Commission’s role as complainant, stating that the IEBC is legally mandated to investigate and prosecute breaches of its Electoral Code of Conduct.
Even so, the panel invoked constitutional protections to give Gikaria one final chance to defend himself.
“Where the rights of any individual is about to be trampled upon, we must bend over backwards to accommodate that particular request,” Mukhwana said.
The hearing resumes Tuesday at 9:00 a.m.
