The Independent Electoral and Boundaries Commission (IEBC) code Conduct Enforcement Committee has dismissed the objection by a team of lawyers representing Murang’a Woman Representative Sabina Chege.
Chege appeared before the IEBC today over utterances she made in Vihiga County last week, suggesting that Jubilee rigged the 2017 poll result.
The commission’s chair Wafula Chebukati directed that the objections by Senior Counsels James Orengo and Otiende Amollo are dismissed and the matter proceeds to a full hearing.
“Indeed, the question as to whether the commission has the jurisdiction to hear the matter such as the one before it has been the subject of litigation in the High Court. The court upon examination found that the procedure followed by the committee and the decision rendered was well within its power,” ruled Chebukati.
The poll body also dismissed the argument opined by Chege’s legal team that the election campaign period had not been gazetted hence the enforcement of the Elections Act would be untenable.
Chebukati stated that the Muranga Woman Representative is bound by the Election Act by her primary linkage with Jubilee Party which is a gazetted party to participate in the August 9 polls.
“The respondent herein is a member of Jubilee party and a serving Muranga Women Rep having been elected on Jubilee party ticket. Indeed, Jubilee party is a registered party which has submitted its nomination rules to the commission and given indication it will be participating in the polls,” he said.
The legal team had pushed to have the poll body recuse themselves from the case citing that they have no jurisdiction over the matter.
The lawyers further said the accused had not poked holes on the integrity of the commission since the court itself had pronounced itself on the matter.
The three opined that the electoral code of conduct does not apply to politicians until the official campaign period.
“It is the jurisdiction that is at the armpit of the court. Inviting Sabina is one that constitutes overarching by this Commission,” said Otiende.
Otiende insisted that the country has not entered the official campaign period therefore IEBC was overreaching in the mandate by inviting Sabina.
On his side, Orengo warned the commission that they are putting themselves on trial by purporting to put Sabina on trial.
“This is something that was determined by the Supreme court, the ruling was clear, and so you are putting yourself on trial once again, not by our invitation, but by your own invitation,” Orengo said.
IEBC summoned the Murang’a Woman Representative on charged of breaching the electoral code for claiming that the 2017 vote was rigged and “even this one (2017) we can.”
“I have heard people saying we rigged 2017 votes, there is some truth in it. But if we managed to rig votes then, even this one we can. They think they are the smartest. (Mnajua kule central nime skia wengine wakisema tuliwaibia, kuna ka ukweli kidogo kama tulijua kuiba si hata hii tuta fanya nini…wanajiona werevu sana.)” she said.
The remarks went viral on social media, where leaders and supporters of Deputy President William Ruto are challenging her to substantiate her remarks.
