NAIROBI, Kenya, Jun 26 – The Independent Electoral and Boundaries Commission (IEBC) Electoral Code of Conduct Enforcement Committee has dismissed a jurisdictional challenge by Kipipiri MP Wanjiku Muhia’s legal team affirming its mandate to hear allegations arising from Ol Kalou by-election campaigns.
The committee, comprising Commissioners Alutalala Mukhwana, Hassan Noor and Karen Sorobit, ruled that it was properly constituted and legally empowered to proceed with the matter despite objections raised by Muhia’s lawyers.
The case arises from an IEBC summons issued on June 22 requiring the lawmaker to appear before the committee over alleged violations of Section 110 of the Elections Act and Paragraph 6(a) of the Electoral Code of Conduct stemming from remarks she allegedly made during a public rally in Ol Kalou on June 14.
The hearing was briefly disrupted after Muhia’s legal team, led by advocates Edward Muriu and Ndegwa Njiru, walked out of the proceedings, accusing the committee of procedural unfairness and questioning its composition.
The lawyers argued that the panel was not chaired by the gazetted office holder and sought an adjournment to allow them to move to the High Court for interpretation of the relevant Gazette Notice.
They also claimed they had been given insufficient time to prepare for the hearing and linked the summons to an earlier controversy involving a Directorate of Criminal Investigations (DCI) inquiry.
Despite the walkout, the committee proceeded with the hearing after considering the objection.
“We were able to converse, apply our minds and, in our considered finding, the issue of jurisdiction was not relevant. We are duly constituted and therefore we proceeded,” Commissioner Mukhwana said.
Mukhwana noted that the law does not compel parties to remain in proceedings if they choose to leave and maintained that the committee acted within its legal mandate in continuing with the hearing after the defence team’s departure.
He said the panel had concluded the hearing phase of the matter and would now retire to consider the submissions and evidence before preparing its determination on the alleged code violations.
“The hearing is concluded. We have covered the necessary ground and retired to prepare our ruling,” he said.
Mukhwana added that the commission would formally notify the media and members of the public once a date for delivery of the ruling has been set.
Muhia has dismiessed claims she contravened electoral laws during the Ol Kalou by-election campaigns as politically motivated.
