Gatundu South MP Moses Kuria has been dealt with a blow after his application to have the Independent Electoral and Boundaries Commission (IEBC) stop hearing his vote-rigging case was dismissed.
Issuing a ruling on Wednesday, March 30, IEBC Chairman Wafula Chebukati said that his committee was not restrained from presiding over the case.
Kuria through his lawyer Ndegwa Wahome claimed that the IEBC had no jurisdiction to hear and determine the case.
“The Commission itself is sitting as an investigator. Also, it intends to prosecute this matter. And again at the same time issue a judgement in this matter.
“With all due respect, it is the basic principles of law that you cannot be a prosecutor, complainant and at the same time act as a Judge,” Wahome said.
However, ruling on the application by Kuria, Chebukati said that the electoral body had the jurisdiction to hear the case and hence the case would continue to full hearing.
“The preliminary objections raised by the council for the respondent on March 30 are hereby dismissed and this matter shall proceed to a full hearing,” Chebukati stated.
Kuria was appearing before the Electoral Code of Conduct Enforcement Committee after he was summoned for alleging that he and other politicians rigged in President Uhuru Kenyatta.
The legislator made the remarks on March 15 during the United Democratic Alliance (UDA) National Delegates Convention (NDC) at the Kasarani gymnasium.