High Court suspends IEBC's Sh1.5 million fine against Kipipiri MP

Kipipiri MP Wanjiku Muhia is challenging the decision of the IEBC Code of Conduct Enforcement Committee delivered on July 10, 2026. [File, Standard]

Kipipiri MP Wanjiku Muhia got a major reprieve after the High Court suspended the Independent Electoral and Boundaries Commission's (IEBC) decision to impose a Sh1.5 million fine on her over alleged breach of the Electoral Code of Conduct.

In interim orders issued on Monday, Justice Nabil Mokaya of the Milimani High Court certified Muhia's application as urgent and stayed the implementation of the judgment delivered by the IEBC Code of Conduct Enforcement Committee on July 10, 2026.

The orders were issued just hours before the expiry of a 5 p.m. deadline on today requiring the legislator to pay the Sh1.5 million fine and appear before the commission to issue a public apology.

"In the meantime, pending the hearing and determination of the application, an order be and is hereby issued staying the judgment/determination of the 2nd Respondent issued on July 10, 2026," Justice Mokaya ordered.

The judge directed Muhia to serve the originating motion on the IEBC and its Code of Conduct Enforcement Committee within one day. 

Upon service, the respondents have been granted five days to file and serve their responses.

 The judge further directed that the matter be mentioned on July 20, 2026, for compliance and further directions.

Muhia moved to the High Court under a certificate of urgency seeking judicial review orders to quash the committee's decision, compel it to set aside the proceedings conducted in her absence, grant her a fresh hearing, and prohibit the respondents from implementing or acting upon the impugned judgment.

The MP is challenging the decision of the IEBC Code of Conduct Enforcement Committee delivered on July 10 after it found that she had breached the Electoral Code of Conduct over remarks she allegedly made during a public rally in Ol Kalou Constituency on June 14.

In its judgment, the committee directed Muhia to publicly retract the remarks and apologise to Kenyans, sign the apology in person at the Commission's headquarters, pay a Sh1.5 million fine within 72 hours, and warned that failure to comply or any subsequent violation of the Electoral Code of Conduct could attract further sanctions, including being barred from contesting an election conducted by the IEBC.

In her court papers, Muhia argues that the committee violated her constitutional rights to fair administrative action and a fair hearing by declining her request for an adjournment despite inadequate notice, proceeding with the hearing in her absence, denying her an opportunity to cross-examine witnesses, and failing to disclose the evidence relied upon in bringing the charges against her.

She further contends that the Code of Conduct Enforcement Committee was improperly constituted because it comprised only three commissioners instead of the statutory minimum of five required under the Electoral Code of Conduct, rendering its proceedings and subsequent decision unlawful.

Muhia also argues that the committee acted irrationally by requiring her to comply with its orders within 72 hours despite serving her advocates with the written judgment more than 24 hours after it had been delivered, effectively leaving her with only a few working hours before Monday's deadline.