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Kenya: High Court Stops IEBC From Hearing Kuria’s Vote Rigging Case

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4 years ago

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Nairobi — The High Court has barred the Independent Electoral and Boundaries Commission (IEBC) from proceeding to hearing the vote rigging case against Gatundu South MP Moses Kuria.

Justice Anthony Mrima issued the stay orders on Thursday after Kuria moved to court to challenge the Commission’s jurisdiction to probe his case.

Kuria is being interrogated by the Commission’s Electoral Code of Conduct Enforcement Committee following his remarks which he made on March 15 suggesting that the 2013 and 2017 General Elections was rigged in favor of President Uhuru Kenyatta.

“The proceedings before the respondent are hereby stayed to the date of directions,” Justice Mrima ruled.

Justice Mrima said he will give further directions on the matter next week on Wednesday.

Kuria was on Thursday scheduled to appear before the Committee chaired by Wafula Chebukati.

During the first hearing on March 30, 2022, Kuria mounted a spirited defense noting the Commission lacked jurisdiction to probe his case.

“The Commission itself is sitting as an investigator. Also, it intends to prosecute this matter. And again at the same time issue a judgement in this matter. With all due respect, it is the basic principles of law that you cannot be a prosecutor, complainant and the same time act as a Judge,” Kuria’s lead counsel Ndegwa Wahome said.

The latest ruling is a major blow to the Commission which was on Tuesday stripped of powers powers to summon any witness or candidate in violation of the Electoral code of conduct.