The Independent Electoral and Boundaries Commission has said Gatundu South Member of Parliament’s case in which he stands accused of claiming that he took part in rigging in the 2017 election will go to a full hearing.

The chairperson of IEBC Wafula gave the verdict Wednesday when Kuria appeared before the IEBC’s Code of Conduct Committee.

IEBC opined Kuria breached its code of conduct by raising queries about the credibility of the 2017 polls.

Kuria’s lawyers Geoffrey Omenke and Ndegwa Wahome raised an objection, claiming that the commission overstepped its jurisdiction in summoning Kuria to the hearing.

The lawyers also claimed they are yet to be served with IEBC’s sworn affidavit in regards to the breach of conduct. They also said they would need time to advise their client.

IEBC dismissed the objection saying the committee has the mandate and cited article 884J of the constitution to oversee code of conduct compliance.

According to Chebukati, the Election Act binds all political party candidates and the government.

They argued IEBC does not have the mandate of the case and said the matter fell under the jurisdiction of the National Cohesion and Integration Commission (NCIC).

Wahome said the High Court ruled that the Code of Conduct Committee has no jurisdiction to preside over the matter.

"The high court ruled that this committee has no jurisdiction to preside over this matter," Wahome said.

He said it would be fit if they waited for High Court’s ruling on IEBC’s jurisdiction and added that it would be biased if the commission went ahead.

"It will only be prudent that we wait for ruling on IEBC’s jurisdiction by the high court, IEBC Commission cannot be the complainant, prosecutor & the judge. It will be biased in arriving at its judgement," the lawyers said.

IEBC stated that the legislator’s lawyers did not distinguish between the functions of the committee and the commission.

Kuria vowed to go to court to bar seek orders to bar IEBC from presiding over the matter.

"I am heading to the court to stop IEBC from presiding over the so-called hearing," Kuria said.

Kuria also threatened to disclose details regarding the commission's refusal to open the election servers.

"I am going to spill the beans regarding IEBC’s refusal to open the election servers & Ill preparedness to carry upcoming elections," he threatened.

IEBC set the hearing of the hearing date of the matter on April 7, 2022.