Nairobi — Lawyers representing Kipipiri MP Wanjiku Muhia on Friday stormed out of an Independent Electoral and Boundaries Commission (IEBC) Electoral Code of Conduct Enforcement Committee hearing, accusing the panel of bias, procedural unfairness and pursuing a predetermined outcome against their client.
The legal team, led by advocates Edward Muriu and Ndegwa Njiru, withdrew from the proceedings after the committee declined an application for adjournment and indicated it would proceed with a hearing into allegations that Muhia breached the Electoral Code of Conduct during a public rally in Ol Kalou on June 14.
Following the walkout, the lawyers demanded an audience with IEBC Chairperson Erastus Edung Ethekon, insisting they would not participate in what they described as an improperly constituted and hostile process.
Speaking outside the hearing venue, Muriu accused the committee presided over by Commissioner Alutalala Mukhwana of disregarding concerns over its composition and refusing to grant the defence time to seek interpretation of the relevant Gazette Notice in the High Court.
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"We applied for adjournment to go to the High Court for interpretation of the Gazette notice, but they insisted, irrespective of our protestations, they decided they want to proceed in the absence of the respondent, Hon. Wanjiku Muhia, and her counsel," Muriu said.
The lawyers further claimed they arrived at the venue on time but were informed that the committee had already commenced proceedings in their absence. They also questioned the authority of the official presiding over the session, arguing that the panel was not chaired by the gazetted office holder.
"You can see the hostility of this committee. You can see how they are determined to proceed on this matter. We were here at exactly 10am. We were ushered in at 11am, but going there we were told, 'No, we have proceeded in your absence,"' Muriu added.
Njiru argued that the summons gave the defence insufficient time to prepare and linked the proceedings to an earlier controversy involving a summons purportedly issued by the Directorate of Criminal Investigations (DCI).
"Immediately the DCI in Kipipiri withdrew its actions against Hon. Wanjiku, three or four hours later, the IEBC issued these summons. It tells you they are working hand in hand to frustrate the campaigns taking place in Ol Kalou," he alleged.
The hearing stems from a summons issued by the IEBC on June 22 requiring Muhia to appear before the Electoral Code of Conduct Enforcement Committee over alleged violations of Section 110 of the Elections Act and Paragraph 6(a) of the Electoral Code of Conduct arising from remarks she allegedly made during a June 14 rally in Ol Kalou.
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The summons came days after Muhia publicly questioned a separate DCI summons and alleged harassment by individuals she claimed were police officers, including the deployment of officers at her residence and the arrest of her driver.
However, the IEBC committee rejected the jurisdictional objection raised by Muhia's lawyers, ruling that it was properly constituted and had the legal mandate to hear and determine the matter. The committee subsequently proceeded with the hearing and reserved its ruling on the alleged code violations.
Muhia's legal team has vowed to challenge the proceedings in the High Court while maintaining that they remain willing to appear before what they describe as a properly constituted and impartial tribunal.
