NAIROBI, Kenya Jul 14 – 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 adjourn proceedings in a case accusing him of breaching electoral laws ahead of the Ol Kalou parliamentary by-election.
The Committee ruled that the hearing would proceed immediately after finding no sufficient evidence to support claims that the legislator was hospitalized and therefore unable to attend.
“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 informed the Committee that the MP had been admitted to Nakuru Specialist Hospital after his condition allegedly deteriorated.
However, the Tribunal noted that no admission records, medical reports or treatment documents from the facility were presented to substantiate the claim. Instead, the only medical document produced was a July 13 letter from Nakuru County Referral and Teaching Hospital recommending home rest.
The Committee further observed that although the defence claimed Gikaria’s condition worsened after leaving home, necessitating admission to another hospital, no evidence from the alleged second facility had been provided.
In rejecting the application, the Committee emphasized that election dispute proceedings are governed by strict statutory timelines, leaving little room for delays.
Members also noted that Gikaria’s legal rights remained protected because he was adequately represented by his advocates throughout the proceedings.
Among the accusations is that the MP attempted to reassure voters that they would not need to present physical National Identity cards when casting their ballots in the Ol Kalou parliamentary by-election.
The committee is also investigating claims that the remarks were made while defending the recording of residents’ identification details during the distribution of cash handouts worth more than Sh1.2 million.
The allegations are being assessed against Paragraph 6(i) of the Electoral Code of Conduct, which bars candidates and political actors from abusing positions of power, privilege or influence through offers of rewards or other inducements for political gain.
The proceedings continued after the committee rejected an application for adjournment, ruling that the defence had failed to substantiate claims that the MP was hospitalized and noting that he remained adequately represented by his legal counsel.