A disciplinary hearing at the Independent Electoral and Boundaries Commission (IEBC) headquarters in Nairobi on Friday was disrupted after lawyers representing Kipipiri MP Wanjiku Muhia walked out, contesting the legality of the panel hearing allegations over remarks she allegedly made during a campaign rally in Nyandarua County.
The proceedings, convened under the IEBC Dispute Resolution Committee and the Electoral Code of Conduct framework, were meant to examine a complaint arising from the alleged remarks made during a campaign rally in Ol-Kalou Constituency.
Trouble began at the start of the session when Commissioner Alutalala Mukhwana, who chaired the panel, noted that the MP had not appeared at the scheduled 10 am start. “The MP, Wanjiku Muhia, has not yet arrived despite our notice indicating our session will begin at 10:00 am,” he said, adding that the Committee had not received confirmation on her attendance or absence.
The MP’s legal team immediately objected to the composition of the panel, arguing that it lacked proper authority to proceed. Lawyer Ndegwa Njiru said they had been informed that the IEBC chairperson had delegated the matter to Commissioner Mukhwana, but insisted this was insufficient.
“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 lawyers argued that the hearing ought to have been presided over by IEBC Chairperson Erastus Ethekon or Vice Chairperson Fahima Araphat, or properly constituted under their lawful delegation. The dispute escalated, with the legal team insisting the panel was improperly formed.
Gatanga MP Edward Muriru, who was present during the session, also questioned the process, claiming it appeared predetermined.
Despite the objections, the Committee ruled it was properly constituted and proceeded with the hearing.
"They opposed that we aren't supposed to hear, that our composition was unlawful. We said our composition was not unlawful and proceeded," Commissioner Mukhwana said.
Following the ruling, Muhia’s lawyers staged a walkout, maintaining that they would challenge the process in court.
The committee continued with the hearing in their absence, receiving submissions from the remaining parties. Mukhwana noted that the law allows proceedings to continue even if one party is absent.
The panel is now expected to review the evidence and issue a determination.
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