Nairobi — The Supreme Court has affirmed the Electoral and Boundaries Commission's (IEBC) mandate over cases arising from the breach of the Electoral Code of Conduct, dismissing two rulings by superior courts refraining the agency from determining such matters.
The country's apex court pronounced itself on the contested jurisdiction battle in an appeal lodged by the electoral commission.
Justices of the court further asserted that IEBC's Electoral Code of Conduct is constitutionally sound, dismissing findings by both the High Court and the Court of Appeal.
"The Appeal partially succeeds to the extent that the IEBC had jurisdiction to summon, hear complaints and make findings thereon, where there is breach of the Electoral Code pursuant to Article 88 (4) (e) of the Constitution," the court stated.
"The Appeal also partially succeeds to the extent that the Electoral Code of Conduct is constitutionally sound," it added.
Former Murang'a Woman Representative Sabina Chege had successfully challenged IEBC's mandate on the electoral code after she was cited for misconduct and ordered to appear before the commission's Disciplinary Committee.
IEBC summoned Chege after she claimed then President Uhuru Kenyatta could rig the 2022 presidential election in favour of Azimio candidate Raila Odinga.
Addressing a campaign rally in February 2022, Chege claimed Kenyatta, "having successfully rigged past elections" will do the same in August 2022.
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"Mnajua kule Central nimeskia wengine wakisema hapa tuliwaibia... Kuna ka ukweli kidogo ... Lakini ... kama tulijua kuiba ... si hata hii tutafanya nini ... Wanafikiria wao ndo wajanja...," the lawmaker was quoted saying.
Roadblocks
IEBC contested the sentiments arguing the claim cast doubt on its "capacity to deliver a free and fair election administered in an impartial, accurate and accountable manner as envisaged under Article 81(e) of the Constitution."
Chege mounted several roadblocks through her lawyers led by Rarieda MP Otiende Amollo in a bid to stall the hearing before the IEBC Disciplinary Committee.
The lawmaker argued that IEBC had no mandate to prosecute claims it raises against respondents.
At one point, she skipped a scheduled hearing citing ill health prompting the IEBC Chairperson Wafula Chebukati to demand proof.
Apart from the alleged admission of her client on February 16, Amollo cited a petition before Justice Antony Mrima of the High Court challenging proceeding before the committee.
She secured a favourable ruling and subsequently defeated IEBC's appeal at the Court of Appeal.
