Gatundu South MP Moses Kuria now wants the Independent Electoral and Boundaries Commission (IEBC) to stop hearing the vote rigging case against him until a suit on its jurisdiction is determined.
The lawmaker through his lawyer Ndegwa Wahome, cited the case where Murang’a Women Representative Sabina Chege had a similar matter before IEBC but moved to court to challenge its jurisdiction.
Wahome pointed out that the Committee should down its tools until the matter before the court is fully heard and determined.
“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 the same time act as a Judge,” he stated.
In his preliminary objection, Kuria submitted that the Commission should “down their tools” until the High Court which is seized of the matter on jurisdiction is fully heard and determined.
He indicated that they do not expect the Court to issue contrary orders in the interim noting that the charges before Kuria and Sabina are the same and that it will only be prudent to wait for the ruling.
IEBC Chairman Wafula Chebkati was expected to rule on the matter at mid-day.
On March 15, Kuria said he and other political leaders helped President Uhuru Kenyatta secure victory in both elections through dubious means.
Kuria made the claims during the United Democratic Alliance party delegates conference at the Kasarani Gymnasium Arena.