Delivering the ruling at the Commission’s headquarters on Tuesday, IEBC Chairman Wafula Chebukati stated that the Electoral code Conduct Enforcement Committee has the jurisdiction to hear the matter.
“The Electoral Code Conduct Enforcement Committee has jurisdiction and is legally seized of the matter before it for hearing and determination,” he said
“The preliminary objection raised by the respondent’s counsel is dismissed and the matter shall proceed to a full hearing,” Chebukati stated
While appearing before the IEBC Electoral Code of Conduct committee, Sabina’s lawyers led by Siaya Senator James Orengo and Rarieda MP Otiende Amolo argued the committee was overstepping its mandate.
Sabina had been summoned to appear before the IEBC after she made claims during a rally in Vihiga County on 10th February 2022 that the poll results in 2017 were rigged and the same could happen in the August 9 General Election.
She immediately denied making such remarks saying she was misquoted and taken of context.
Orengo warned IEBC chairman Wafula Chebukati against putting the commission on trial by proceeding with the case.
“The moment you try to deal with this matter, Chege will not be on trial but this Commission,” Orengo said.
“In these circumstances, don’t bring the Commission into disrepute at this moment.”
Rarieda MP argued that the Commission is guilty of overreaching its mandate.
According to lawyer Martin Oloo, citing Chege for violating the electoral cord of conduct is misplaced.
“We are not in a campaign period and to say the code is violated is an overreach,” Oloo said.
Sabina was appearing before IEBC’s Electoral Code of Conduct Committee.
Speaking in Vihiga county during a campaign tour of Azimio, Sabina claimed that the 2017 General Election was rigged.