The High Court has suspended the Independent Electoral and Boundaries Commission (IEBC) decision to fine Kipipiri MP Wanjiku Muhia Sh1.5 million over an alleged breach of the Electoral Code of Conduct.
Justice Nabil Orina Mokaya issued interim orders on Monday stopping the implementation of the IEBC Code of Conduct Enforcement Committee’s decision delivered on July 10, 2026, pending the hearing and determination of the MP’s application.
The orders were granted shortly before the expiry of a deadline requiring Ms Muhia to pay the fine and issue a public apology.
“Pending hearing and determination of the application, an order is hereby issued staying the judgment/determination of the 2nd Respondent issued on July 10, 2026,” Justice Mokaya ordered.
The judge certified the MP’s application as urgent and directed her to serve the IEBC and its Code of Conduct Enforcement Committee with the court documents within one day. The respondents have been given five days to file their response.
Ms Muhia moved to court seeking to overturn the committee’s decision, arguing that the proceedings were conducted in her absence and that she was denied a fair opportunity to defend herself.
The dispute arose from remarks the MP allegedly made during a public rally in Ol Kalou, Nyandarua County, on June 14. The IEBC committee found that the comments amounted to a breach of the Electoral Code of Conduct and Section 110 of the Elections Act.
The committee, chaired by IEBC Commissioner Alutalala Mukhwana, ordered Ms Muhia to issue a public apology and retraction, personally deliver the apology at the IEBC headquarters and pay the Sh1.5 million penalty within 72 hours.
In her court papers, the legislator argues that the disciplinary process violated her constitutional rights to a fair administrative action and a fair hearing.
She claims she received a charge sheet on June 22 accusing her of making remarks that “seem to denote a call to violence to persons not originally hailing from Ol Kalou.”
Ms Muhia says although she was summoned before the committee, unclear notices created confusion over whether the appearance was for an examination or a hearing, leaving her with insufficient time to prepare.
Her lawyers requested an adjournment on June 26, citing inadequate notice, uncertainty over the proceedings and concerns about the committee’s composition. They argue that the committee proceeded without her presence and later found her guilty of violating the electoral code.
The MP has also challenged the legality of the proceedings, claiming that only three commissioners participated in the hearing instead of the required five-member quorum. She further alleges that she was not allowed to challenge evidence presented against her and that the commission demanded payment before providing the full judgement and proceedings.
However, the IEBC committee maintained that Ms Muhia had been given adequate opportunity to participate but chose not to proceed after raising a preliminary objection challenging its jurisdiction.
The matter will be mentioned on July 20, 2026, for compliance and further directions, with the suspension of the fine remaining in force until the court issues its determination.
The case is expected to test the enforcement powers of the electoral commission as political parties and candidates prepare for the 2027 General Election.
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