The High Court has upheld a decision of the electoral commission to fine former Kibwezi East MP Philip Kaloki Sh500,000 for perpetrating violence during 2017 General Election against his rival Jessica Mbalu.
Justice Pauline Nyamweya said the Electoral Code of Conduct Committee of the Independent Electoral and Boundaries Commission (IEBC) acted legally, fairly and its decision was rational.
She said if Prof Kaloki was of the view that findings of the committee were wrong or erroneous the court was not the appropriate forum to decide the matter. He should have proceeded by way of appeal, said Justice Nyamweya.
“It was evident from the Committee’s judgment that the Committee did consider the evidence before it, and the applicable law and factors it was to take into account. I find that its decision is therefore not irrational,” said Justice Nyamweya.
She dismissed contention by Prof Kaloki that the committee’s ruling dated June 23, 2017 failed to take into account the evidence and materials placed before it and that it was outrightly biased.
Prof Kaloki had also argued that he was never afforded a fair hearing as a result of the failure to give him adequate time to prepare for his defence to the complaint filed by Ms Mbalu.