Lawyers representing Kipipiri Member of Parliament Wanjiku Muhia on Friday 26th June, walked out of an Independent Electoral and Boundaries Commission (IEBC) disciplinary hearing after challenging the legality of the committee handling the case.
The legal team led by lawyer Ndegwa Njiru and Gatanga MP Edward Muriu argued that the IEBC Code of Conduct Enforcement Committee was not properly constituted and therefore lacked the authority to hear the matter involving the legislator.
They raised a preliminary objection at the start of the proceedings, insisting the hearing could not continue before what they termed an improperly constituted panel.
However, the committee dismissed the objection, ruling that it had been legally established and was fully empowered to hear the case. Following the ruling, Muhia’s advocates withdrew from the proceedings in protest to address the media outside the anniversary tower’s IEBC offices.
Speaking after the session, IEBC Commissioner Alutalala Mukhwana said the commission had allowed the MP’s lawyers to represent her despite her absence and had carefully considered the preliminary objection before reaching its decision.
“The member did not appear, but her legal representatives were present and raised a preliminary objection on our jurisdiction. After considering their submissions, we found that the committee is properly constituted and proceeded with the hearing,” Mukhwana said.
The hearing relates to remarks allegedly made by Wanjiku Muhia during a public rally in Ol Kalou last week. The electoral commission is investigating whether the statements contravened the Elections Act and the Electoral Code of Conduct.
The IEBC says it has a constitutional mandate to enforce compliance with electoral laws and to investigate alleged breaches of the Electoral Code of Conduct by candidates and political leaders.
The case is expected to continue as the commission pursues its inquiry into the allegations facing the Kipipiri legisla