NAIROBI, Kenya, Feb 15 — The Independent Electoral and Boundaries Commission (IEBC) will hear the case against Muranga Women Representative Sabina Chege on Tuesday after her lawyers requested for more time to prepare for the case.
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 others saying we rigged, there is some truth in it. So, if we managed to rig, even this one we can. They think they (opponents) are the smartest,” she said in Vihiga County Thursday while in the company of other Azimio La Umoja MPs.
The remarks sparked wildfire on social media, where leaders and supporters of Deputy President William Ruto are challenging her to substantiate her remarks.
The case will be heard by the Commission’s Electoral Code of Conduct Enforcement Committee in a quasi-judicial hearing despite seven issues which formed the basis of a preliminary objection by Chege’s lawyers led by James Orengo, Otiendo Amollo and Martin Oloo.
IEBC dismissed the preliminary objection which sought to contest its jurisdiction on the case.
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.
“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 gazzeted 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 gazzeted 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.
Orengo told the electoral agency to prepare for solid defense argument in favor of Chege terming the accusation against her as baseless and misconstrued.
“When we look at it properly, they don’t amount to accusation by IEBC. They are out of context the full text has not formed the basis of the breech that the electoral body is talking about. We are going to mount a big challenge,” he said.
Amollo faulted the Chebukati-led commission for disregarding the preliminary objection issues raised by the legal team especially the aspect of the integrity of 2017 polls which Chefe’s defence said will dent the poll agency.
“The committee dealt with only one issue and disregarded the rest. They introduced integrity issues which Sabina didn’t touch on. We in turn indicated that to date the integrity is still in question since they failed to comply with Supreme Court ruling. We will raise the issue in every stage of this proceeding,” said Amollo.
If Chege will be found guilty of contravening the Elections Act, she may either be issued with a warning, fined up to Sh1 billion or be disqualified to run for any elective seat in the August 9 polls.
Leaders who attended the hearing in support of Chege cited political witch-hunt by his rivals aimed at detracting his political ambitions.
“We all know IEBC was found to conduct election in unquestionable manner. What IEBC should be doing now is to open the servers as direct by the courts. Mt. Kenya region just know that your daughter is being targeted,” Narok Senator Ledama Ole Kina said.
“IEBC should be prepare elections instead of dealing with sideshows. This is a sideshow, a storm in a tea cup. Mt. Kenya should stand up and defend their daughter,” said Embakasi East MP Babu Owino.
Earlier, Orengo had cautioned the Chebukati-led commission that it will be treading on a dangerous path if it continues investigating the matter since the Supreme Court had ruled that indeed the commission had bungled the 2017 presidential polls.
“It will be dangerous for you to deal with this matter, you should have second thoughts,” Orengo said.
The Siaya Senator pointed out that the words in breach by Sabina cannot be a substance to enter into an inquiry.
“The Honorable things for you is to withdraw from this matter and this doesn’t mean it will be the end of investigation. The words in breach cannot be a substance to enter into inquiry. The commission doesn’t have jurisdiction on this matter,” he said.
