IEBC rejects Gikaria's bid to delay electoral misconduct case over hospitalisation claims

The Independent Electoral and Boundaries Commission (IEBC) Code of Conduct Enforcement Committee has dismissed an application by Nakuru Town East MP David Gikaria seeking to postpone proceedings in a case accusing him of violating electoral laws ahead of the Ol Kalou parliamentary by-election, ruling that there was no evidence to support claims that he was hospitalised.

Gikaria, who failed to appear before the Committee for the third time on Tuesday, is facing allegations of voter bribery and breaching the Electoral Code of Conduct.

The MP's lawyer claimed he was hospitalised after his condition worsened, but the Committee found the evidence presented was not enough to justify another adjournment.

The Committee ruled that the hearing would proceed, saying Gikaria had already been given enough time to appear and that his interests would still be protected because he was represented by his lawyer.

“The application for adjournment is officially dismissed. The committee has ordered the proceedings to commence immediately, noting that the respondent has been granted adequate time and is actively represented by his counsel,” the Committee ruled.

Gikaria's lawyer, Michael Mbongi, had told the Committee that the legislator had been admitted to Nakuru Specialist Hospital after his health allegedly worsened.

However, the Committee said the defence failed to produce any admission records, medical reports or treatment documents from the hospital.

The Committee said the only document placed before it was a letter dated July 13 from Nakuru County Referral and Teaching Hospital recommending that the MP rest at home. It noted that the letter was issued after the previous day's proceedings had ended and after the defence had already secured an adjournment.

While delivering its decision, the Committee noted that although the defence claimed Gikaria's condition deteriorated after leaving home and that he was later admitted to another hospital, no evidence from Nakuru Specialist Hospital had been presented to support the claim.

It also observed that this was the second consecutive day the defence had sought an adjournment on the grounds that the MP was unwell without providing evidence of hospital admission.

"But again, just like yesterday, when counsel sought adjournment on the basis of indisposition of his client, but tendered no evidence, again today, counsel seeks adjournment on the basis of indisposition of his client, but again, without any evidence to back that application," the Committee said.

The Committee also questioned why the defence had relied on two different hospitals while failing to produce documents from the second facility where Gikaria was allegedly admitted

It said it had already given the MP the benefit of the doubt during the previous sitting by granting an adjournment despite the lack of supporting medical evidence, adding that it expected him to appear before the Committee at the next hearing. It added that Gikaria's rights remained protected because he was represented by his advocate throughout the proceedings.

The Committee further noted that election disputes are time-bound and cannot be delayed unnecessarily.

"We find that election disputes are time-sensitive, and we do not have the luxury of time," it said.

The case stems from allegations that Gikaria assured voters in Ol Kalou that they would not be required to present physical National Identity cards when casting their ballots in the parliamentary by-election scheduled for July 16.

The Committee is also investigating claims that the remarks were made while he defended the recording of residents' identity card details during the distribution of cash handouts worth more than Sh1.2 million.

The allegations are being examined under Paragraph 6(i) of the Electoral Code of Conduct, which prohibits candidates and political actors from using their position or influence to offer rewards or inducements for political benefit.

Responding to the allegations, Gikaria maintained that the exercise had nothing to do with influencing the by-election.

"The claims that the collection of National ID details was aimed at influencing the vote in Ol Kalou Constituency by-election are not true at all; Kenya's electoral system relies on biometric verification rather than identity cards alone," Gikaria said.

He added that no one could vote using another person's identity card because every voter must appear in person and be identified through biometric verification. According to the MP, the identity card details were recorded only to confirm that funds allocated for the outreach programme reached the intended beneficiaries.

Gikaria also disclosed that larger crowds than expected attended the programme, forcing him to spend more money than he had planned.

"I had spent Sh250,000, and on that day I had another Sh250,000, and I would like to establish that those who want this money are registered as voters," he said.