Muranga County Women Representative Sabina Chege has moved to court seeking to suspend the ongoing proceedings commenced by the IEBC as a result of uttering sentiments breaching the electoral code of conduct.
Chege terms the proceedings as unlawful and wants the court to issue prohibitory orders against any future or similar proceedings by the IEBC against her.
“The court be pleased to declare that any acts done in contravention of the Constitution and the consequential legislation deriving legitimacy from the constitution offend the Supremacy of the Constitution and are thus invalid,” Sabina says.
Sabina further demands to be paid damages by IEBC claiming the commission violated her constitutional rights.
It is alleged that on 11th August 2022 the legislator received summons from Independent Electoral and Boundaries Commission requiring her to visit their offices at anniversary towers on 15th January 2022.
In the summons, the IEBC indicated that it had seized a report and material against Sabina in regard to violation of clause 6 (a) and (I) of the electoral code of conduct.
According to the Commission, while at a public rally at Isibuye area in Vihiga County, she uttered the words…….”Mnajua kule Central nimesikia wengine waisema hapa tuliwaibia……Kuna ka ukweli kidogo……lakini…..kama tulijua kuiba, si hata hii tutafanya ninii…..wanafikiria wao ndio wajanja….”
The IEBC averred that the statement created an impression that Jubilee party, which she belonged to, ‘stole’ the 2017 elections and that it plans to ‘steal’ or compromise the 2022 General Elections.
In addition, the commission said that the statements cast aspersions in the 2017 General Elections and specifically, that the voting system they developed is penetrable, not secure and fails the requirements of article 86 of the Constitution of Kenya 2010.
Chege also claims that the the IEBC has failed to furnish her with the documents and evidence of the alleged offence and only after her lawyers James Orengo, and Otiende Amollo had insisted on having a copy of the audio/video clip that the respondent now scramble to contact the Communications Authority of Kenya for the same.
“The whole process was commenced in bad faith, as the respondent rushed to summon the applicant in a bid to embarrass and tarnish her name without even having in its possession all the relevant material as required by law,” said Orengo.
