IEBC proceeding against Moses Kuria’s vote rigging claims stopped
By Joshua Cheloti
Gatundu South Member of Parliament Moses Kuria has received a reprieve in his bid to stop IEBC from continuing with hearing over vote-rigging remarks.
Kuria made the remarks last month during the United Democratic Alliance (UDA) National Delegates Convention (NDC) where he is claimed to have suggested that the 2017 election was rigged in favor of President Uhuru Kenyatta.
IEBC summoned him over the remarks and ruled that it had powers to hear the matter.
The Chama cha Kazi party leader however moved to the High Court seeking to stop the hearing, arguing that IEBC started the process to protect itself from public scrutiny after its refusal to comply with Supreme Court orders five years ago.
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File image of Gatundu South MP Moses Kuria. |Photo| Courtesy|[/caption]
He also told the court that IEBC was out to frustrate his rights to participate in the election in any capacity should he choose to do so.
“The Commission itself is sitting as an investigator. Also, it intends to prosecute this matter. And again at the same time issue a judgment in this matter. With all due respect, it is the basic principles of law that you cannot be a prosecutor, complainant and at the same time act as a Judge,” Kuria’s lead counsel Ndegwa Wahome said when he first appeared before IEBC.
The MP, eying the Kiambu gubernatorial seat insists that the whole process before the commission is flawed and was started in bad faith.
While suspending proceedings against the vocal MP, High Court Judge Anthony Mrima directed that he serves IEBC with his court papers and other necessary documents.
“The proceedings before the respondent are hereby stayed to the date of directions,” Justice Mrima ruled.
A hearing for the matter will be coming up on April 13.
This comes just days after the Judge also stopped IEBC from proceeding with a hearing against Murang’a Woman Representative Sabina Chege.
Chege was facing action over making remarks the electoral body said were against the elections code of conduct.
In his ruling, Justice Mrima said IEBC's Electoral Code of Conduct Enforcement Committee does not have the power to issue the summons.
File image of Gatundu South MP Moses Kuria. |Photo| Courtesy|[/caption]
He also told the court that IEBC was out to frustrate his rights to participate in the election in any capacity should he choose to do so.
“The Commission itself is sitting as an investigator. Also, it intends to prosecute this matter. And again at the same time issue a judgment in this matter. With all due respect, it is the basic principles of law that you cannot be a prosecutor, complainant and at the same time act as a Judge,” Kuria’s lead counsel Ndegwa Wahome said when he first appeared before IEBC.
The MP, eying the Kiambu gubernatorial seat insists that the whole process before the commission is flawed and was started in bad faith.
While suspending proceedings against the vocal MP, High Court Judge Anthony Mrima directed that he serves IEBC with his court papers and other necessary documents.
“The proceedings before the respondent are hereby stayed to the date of directions,” Justice Mrima ruled.
A hearing for the matter will be coming up on April 13.
This comes just days after the Judge also stopped IEBC from proceeding with a hearing against Murang’a Woman Representative Sabina Chege.
Chege was facing action over making remarks the electoral body said were against the elections code of conduct.
In his ruling, Justice Mrima said IEBC's Electoral Code of Conduct Enforcement Committee does not have the power to issue the summons. What's Your Reaction?
