IEBC, MP Wanjiku Muhia's lawyers clash over hearing panel

Drama unfolded at the Independent Electoral and Boundaries Commission (IEBC) headquarters on Friday after a disciplinary hearing involving Kipipiri MP Wanjiku Muhia was disrupted by a dispute over the composition of the committee handling the matter.

The proceedings had been convened before the Commission's Dispute Resolution Committee following a complaint linked to remarks allegedly made by the legislator during a campaign rally in Ol Kalou Constituency, Nyandarua County.

The committee, chaired by Commissioner Alutalala Mukhwana, had been scheduled to hear the matter under the Electoral Code of Conduct framework.

At the time of announcing the session, the Commission said the process formed part of its mandate to enforce compliance with the Electoral Code of Conduct.

"The hearing is part of the Commission's mandate to ensure compliance with the Electoral Code of Conduct and to promote peaceful, lawful and credible electoral processes," IEBC had said.

However, the proceedings took a different turn after lawyers representing the MP questioned whether the committee, as constituted, had the authority to proceed with the hearing.

At the start of the session, Commissioner Mukhwana noted that the MP had not appeared despite the notice indicating that proceedings would begin at 10 am.

"The MP, Wanjiku Muhia, has not yet arrived despite our notice indicating our session will begin at 10 am," Mukhwana said, adding that the committee had not been furnished with confirmation regarding her absence, attendance or lateness.

The MP's legal team objected to the process, arguing that the hearing ought to have been presided over by IEBC Chairperson Erastus Ethekon and Vice Chairperson Fahima Araphat.

Addressing the press, lawyer Ndegwa Njiru said they had been informed that the chairperson had designated Commissioner Mukhwana to undertake the day's functions.

"They said that the chair is a busy man, the vice chair is equally busy, and that the chair had nominated Alutalala to proceed with the functions for the day," Njiru said.

The disagreement escalated, with the MP's lawyers reportedly staging a walkout while maintaining that the committee was not properly constituted to hear the complaint.

Gatanga MP Edward Muriru, who was present, also raised concerns and claimed the proceedings appeared predetermined.

Despite the objections and the exit by the legal team, the committee proceeded with the hearing.

According to Mukhwana, the committee considered the objection before deciding to continue.

"They opposed that we aren't supposed to hear, that our composition was unlawful. We said our composition was not unlawful and proceeded," he said.

He added that the law did not require parties to remain at the hearing for the proceedings to continue.

The committee then received submissions from the parties who remained present and considered the evidence placed before it.

Mukhwana said the panel would review the material before issuing a determination.

Meanwhile, lawyers representing the MP said they intend to escalate the matter to the High Court.