Court quashes Sh1.5m IEBC fine against Kipipiri MP Wanjiku Muhia

By  Sam Kiplagat

Court Reporter

Nation Media Group

The High Court has quashed a Sh1.5 million fine imposed on Kipipiri MP Wanjiku Muhia over remarks she allegedly made during a campaign rally ahead of the Ol Kalou by-election in June this year.

The court also overturned a directive by the Independent Electoral and Boundaries Commission (IEBC) Code of Conduct Enforcement Committee requiring the MP to issue a public apology within 72 hours.

Justice Nabil Orina ruled that the committee violated the applicable procedural framework and Ms Muhia’s right to fair administrative action by failing to give her adequate notice and an opportunity to prepare her defence.

While acknowledging the need to resolve electoral disputes expeditiously, the judge said this could not override constitutional safeguards on fair administrative action.

“In particular, section 4(3) requires an administrator, before taking administrative action, to give an affected person adequate notice of the nature and reasons for the proposed action, an opportunity to make representations, and access to the information, materials and evidence to be relied upon,” said the judge.

The court added that Section 4(4) of the Fair Administrative Action Act guarantees an affected person the right to attend proceedings, be heard, cross-examine persons giving adverse evidence and seek an adjournment where necessary to ensure a fair hearing.

“The Applicant was entitled, under section 4(3)(g) of the Fair Administrative Action Act, to access the information, materials and evidence to be relied upon in determining the complaint. That was particularly important where the charge sheet relied on a loose translation containing explanatory additions, and the Applicant disputed the accuracy and meaning attributed to the words,” said the court.

The dispute arose from alleged remarks made by Ms Muhia during a public rally in Ol Kalou Constituency on June 14, 2026. The MP was accused of making statements in Kikuyu that appeared to call for violence against people who were not originally from the constituency.

She challenged the English translation contained in the charge sheet, maintaining that it was a loose interpretation of her remarks and did not reflect what she had said.

Court records show that she was served with a document headed “Electoral Code of Conduct: Summons” and a charge sheet on June 22, 2026. The summons required her to appear before the committee on June 26 at 10am for examination.

However, it did not specify a deadline for filing an answer to the charge or give a hearing date. The summons also did not attach the complaint form and its annexures as required by the prescribed procedure.

On June 24, she received a separate hearing notice requiring her to attend proceedings at the same venue and time, creating uncertainty over whether she was expected to attend an examination or a formal hearing.

Her lawyers subsequently appeared before the committee on June 26 and raised preliminary objections, seeking an adjournment on the grounds that the notice was inadequate and they had insufficient time to prepare.

They also questioned the nature of the proceedings and challenged the committee's composition, arguing that it had only three commissioners against the statutory minimum of five.

Ms Muhia contended that the committee rejected the objections and proceeded in her absence despite the request for an adjournment.

On July 10, the committee found her guilty of violating paragraph 6(a) of the Electoral Code of Conduct, imposed a Sh1.5 million fine payable within 72 hours and directed her to issue a public apology at its offices on July 13.

Ms Muhia challenged the decision, arguing that the summons for examination and the procedure for hearing a complaint were distinct steps that the committee was required to follow under Rules 17, 25 and 31 to 35 of the Enforcement Rules.

The IEBC opposed the application through an affidavit sworn by Nancy C. Koros, the commission's Acting Manager in charge of Investigations and Compliance and secretary to the committee.

The commission maintained that the MP had been given an opportunity to participate in the proceedings and was represented by five advocates of her choice on June 26.

Ms Koros said the lawyers raised a preliminary objection challenging the committee’s jurisdiction and sought an adjournment, but the committee considered and dismissed the application for lack of merit.

The electoral body maintained that the committee acted within its mandate, exercised its discretion judiciously and afforded the MP a reasonable opportunity to participate.

However, Justice Orina found that the process leading to the decision fell short of the requirements of fair administrative action, quashing the fine and the directive requiring the MP to apologise.

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