MP Moses Kuria’s Vote-Rigging Case to Proceed to Full Hearing, IEBC Rules

Independent Electoral and Boundaries Commission (IEBC) has ruled that Gatundu South MP Moses Kuria’s vote-rigging case will proceed to a full hearing. 

This comes after the MP appeared before the commission on Wednesday over his utterances that he was involved in vote-rigging during the 2017 general elections.

Kuria, who claimed to have stolen votes on behalf of President Kenyatta, is accused of breaching IEBC’s electoral code of conduct. 

Appearing before the IEBC code of conduct committee, Kuria, through his lawyers Ndegwa Wahome and Geoffrey Omenke, raised an objection, claiming that the commission stepped out of its jurisdiction by summoning the MP to a hearing. 

They argued that the matter falls under the jurisdiction of the National Cohesion and Integration Commission (NCIC) and by hearing the case, IEBC would be acting as the complainant, prosecution, and jury.

"The high court ruled that this committee has no jurisdiction to preside over this matter," lawyer Wahome told the committee. 

"It will only be prudent that we wait for ruling on IEBC’s jurisdiction by the high court, IEBC Commission cannot be the complainant, prosecutor, and the judge. It will be biased in arriving at its judgment." 

In its ruling, IEBC dismissed the objection, stating that the committee is mandated by article 884J of the constitution to oversee code of conduct compliance.

IEBC Chairperson Wafula Chebukati stated that the Election Act binds all political party candidates as well as the government.

He further noted that Kuria's lawyers failed to differentiate between the functions of the committee and the commission.

Kuria has since vowed to move to court to have the IEBC barred from hearing the matter. "I am heading to the court to stop IEBC from presiding over the so-called hearing," Kuria noted.

He also threatened to spill the beans on IEBC's refusal to open the servers, adding that the commission is ill-prepared for the August 9th elections.

IEBC announced the matter will be heard on April 7th.