Nairobi — Gatundu South MP Moses Kuria has threatened to drag the Supreme Court into his misconduct case before the Independent Electoral and Boundaries Commission (IEBC) after the electoral agency resolved to slot the matter for a full hearing.
The lawmaker who objected the full hearing now scheduled for April 7, 2022, defended himself from accusations of wrong doing following his vote rigging claims.
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.
“Without going to the merits of this case, I am not the one who impugned that the 2017 election was rigged. It is the Supreme Court and I actually intend to call them as a witness because until now the orders to open the servers were never compiled with,” he said on Wednesday when he appeared before the Committee chaired by IEBC Chairperson Wafula Chebukati.
Kuria made the allegations during the United Democratic Alliance National Delegates Congress where Deputy President William Ruto was crowned as the outfit’s presidential flag bearer
“I think this is a wonderful opportunity for Kenyans to be able to audit so that we do not plunge this county into another chaos. We must audit what happened after the Supreme Court ruling,” he said.
The Supreme Court nullified the August 2017 presidential election citing irregularities and failure to comply with election laws and regulations. The court ordered IEBC to redo the exercise.
The controversial lawmaker expressed dismay on how the Commission has opted to deploy resources and time to probe his case.
“What IEBC is doing is running after a fly when Rome is burning. Their Rome is really burning, they have got huge issues that should be occupying them. Kenyans should have a reason to worry because if you see people who have got time to waste a half day then there is a problem.”
“I do not believe that I am the biggest problem of the Commission. I am least bothered by the charges that I have been leveled against me. I am more bothered by where IEBC gets time to look after such kind of issues when they have not convinced Kenyans that they are really in control and can deliver a credible election,” he said.
Earlier during the hearing, Kuria raised preliminary objections claiming that he was not properly served all the evidence for him to prepare a solid defense.
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He also challenged the commission’s jurisdiction to hear and determine the matter.
Kuria’s legal team that had six lawyers led by Ndegwa Wahome cited a High Court ruling that ordered the Commission to halt further proceedings against Murang’a Woman Representative Sabina Chege who is also being investigated by the Commission on vote rigging claims.
The objections were however, shot down by the Commission with Chebukati ruling that “the orders were inpersonum (enforceable specifically against an individual person) and not in rem ( affecting other people generally)”.
Chebukati was clear that Kuria must be made accountable insisting that he had violated Election Code of Conduct.
Kuria who is eyeing the Kiambu gubernatorial seat on his Chama Cha Kazi Party has maintained that his remarks were misinterpreted and has vowed to move to court to seek an injunction and bar the Commission from hearing the case.