The electoral commission yesterday dismissed objections by Murang’a Woman Representative Sabina Chege and her legal team, ordering the Jubilee MP to be tried for her 2017 vote-rigging claims.
The Independent Electoral and Boundaries Commission (IEBC) said it had full jurisdiction to hear the matter and that the law allows them to summon elections conduct offenders, even with no formal complaint from the public.
Ms Chege’s lawyers, Senior Counsel James Orengo and Dr Otiende Amollo, had told IEBC it had no power to hear the matter, and that it had not produced evidence that anyone had complained on the matter.
The IEBC wants the matter to go to full hearing on Tuesday February 25, 2022.
Ms Chege had appeared before the IEBC Code of Conduct Enforcement Committee over the remarks she made during the political rally in Vihiga County last week. She appeared to be propagating that the Jubilee Government had rigged the 2017 poll.
The Wafula Chebukati-led commission said its attention was drawn to the matter by media reports, and that Ms Chege 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.
“In terms of the provision of Article 252 of the Constitution, the commission may undertake investigations on its motion. In the matter before the committee the matter before the committee, the commission attention was drawn by the media report and the material bearing the utterances made by Sabina Chege and on its own motion was seized of this matter,” Mr Chebukati said.
“The respondent herein is a member of Jubilee party and a serving Murang'a County Woman member of the national assembly having been elected on jubilee party ticket. In the premises, the respondent is subject to the code of conduct and is under duty to abide by the same,” Chebukati continued.
Mr Orengo and Dr Amollo argued that the breach set out in the statement did not meet the constitutional matters and it was not clear what the charges were.
“The only thing is to withdraw from this matter and this will not be the end of investigation. The breach has set out in the statement don't meet the constitutional matters. The words in the breach cannot be substance to enter into inquiry. Commission don't have jurisdiction on this matter,” Mr Orengo said.
The Electoral legal team will sit down and make a decision in regard to the clip that is in possession and custody of the electoral commission and the Sabina Chege’s lawyer is now waiting to get the necessary material.
“When the matter was called out we raised several objections fundamentally to do with their jurisdiction committee and the electoral commission in handling this matter unfortunately they have decided they have jurisdiction in making that decision raised five or more grounds they only dealt with one ground,” Mr Orengo said.
Ms Chege hit the headlines last week over the remarks that suggested that the jubilee party had rigged the 2017 polls.
“Nimesikia wengine wakisema hapa tuliwaibia. Kuna kaukweli kidogo (I’ve heard others say we stole [votes]. There is an iota of truth). And if we did that in 2017, we can do that for Baba (Raila),” said the Murang’a MP.
However, President William Ruto during the Kenya Kenya Kwanza Alliance rally in Nakuru County, dismissed the claims, saying no such rigging happened.
