The electoral commission has blamed the courts for delaying its execution of justice on politicians who have claimed there was vote-rigging and other irregularities in the 2017 General Election.
This, said the Independent Electoral and Boundaries Commission (IEBC) ICT boss, Prof Abdi Guliye, was why the commission could not proceed with its case against Murang’a Woman Representative Sabina Chege over remarks she made at a rally in Vihiga County in February, where she claimed that the Jubilee Party rigged the 2017 polls.
Speaking during the Office of the Director of Public Prosecutions (ODPP) and International Commission of Jurists-Kenya’s workshop held in Nairobi yesterday for the validation of the compendium on electoral justice, Prof Guliye said the court’s decision to bar the commission from proceeding with the case had delayed the entire process.
“We did summon her and in the process of finding out what exactly happened; her lawyers ran to the court to stop the proceedings and that is where we are until we get clearance from the court,” Prof Guliye said.
Ms Chege’s utterances sparked anger across the country and caught the IEBC’s attention, which summoned her to appear before it on February 15.
Objections dismissed
During the hearings, IEBC Chairman Wafula Chebukati directed that the objections by her lawyers — senior counsel James Orengo and Otiende Amollo — be dismissed and the matter proceeded to a full hearing.
Mr Chebukati stated that the MP was wrong in her utterances, saying all persons bound by the code of conduct should re-assure voters of impartiality of the commission and secrecy of the ballot.
However, the case hit a snag after it was forwarded to court. Ms Chege’s lawyers argued that the IEBC did not have jurisdiction over election-related offences, a plea that the court granted, and barred the commission from proceeding with the matter.
The case is still in court to determine if the IEBC has jurisdiction over the matter.
“The challenge is that it (court order) gives an avenue for anyone who makes such utterances to have a home where they can run to and run away from culpability of these offences according to the code of conduct that governs elections,” said Prof Guliye.
Moses Kuria
Because of this, the commission was yet to summon Gatundu South MP Moses Kuria who made similar allegations, he said.
Mr Kuria, during the National Delegates Conference of the Kenya Kwanza Alliance in Kasarani recently, alleged that some leaders stole votes to secure the ruling party’s victory in the last general election.
“The allegations are the same with the ones for Sabina Chege, if Sabina Chege’s case is still in court, then there is no sense in summoning Moses Kuria because he will also run to the same court and obtain interim orders,” Prof Guliye said.
Despite the hitch, the commissioner said, the IEBC was patiently awaiting the court’s direction.
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