The High Court has quashed a Sh1.5 million fine imposed on Kipipiri MP Wanjiku Muhia by the Independent Electoral and Boundaries Commission (IEBC) over alleged inflammatory remarks made during a political rally in Ol Kalou.

Justice Nabil Orina quashed the Electoral Code of Conduct Enforcement Committee's decision, ruling that the legislator was not afforded a fair hearing before being found guilty of breaching the Electoral Code of Conduct.

In his ruling, the judge found that the committee failed to provide Muhia with the complaint documents, supporting particulars and evidence it intended to rely on in determining the allegations against her.

The committee had, on July 10, 2026, found Muhia in breach of paragraph 6(a) of the Electoral Code of Conduct and imposed a Sh1.5 million fine, payable within 72 hours.

It also directed her to retract the alleged remarks and issue a public apology at its headquarters.

However, Justice Orina ruled that the proceedings leading to the decision were procedurally flawed, noting that the documents served on the MP did not comply with the requirements governing the handling of electoral code complaints.

"The Respondents (IEBC and the Electoral Code of Conduct Enforcement Committee) have not demonstrated that the prescribed complaint documents and supporting particulars were supplied before the hearing," the judge ruled.

The court heard that Muhia was served with a summons on June 22, 2026, requiring her to appear before the committee four days later for examination.

A separate hearing notice was subsequently issued on June 24, requiring her attendance at the same venue and time, creating uncertainty about the nature of the proceedings.

Justice Orina observed that the summons did not specify the date by which Muhia was required to respond to the charge or provide a hearing date.

It also did not include the complaint form and its annexures as required by the applicable rules, the ruling notes.

"The two notices, considered together, did not demonstrate compliance with the procedure prescribed for bringing the complaint to a hearing," he said.

The judge further noted that the committee had failed to demonstrate that it supplied the complainant's sworn statement, supporting evidence and other particulars necessary for Muhia to prepare her defence.

The lawmaker had disputed the English translation of the Kikuyu remarks attributed to her by the charge sheet prepared by the IEBC committee.

She argued that it contained explanations and interpretations that were not part of her original statements.

The court observed that the charge sheet contained a loose translation but did not provide the evidential material supporting the allegations.

"The distinction between notice of an accusation and disclosure of the case to be answered is material," Justice Orina stated.

The IEBC also argued that the legislator was adequately represented by five advocates who appeared before the committee on June 26 and raised preliminary objections.

The commission maintained that after the objections were dismissed, her lawyers elected to withdraw from the proceedings, meaning she had voluntarily declined an opportunity to defend herself.

However, the judge rejected the argument that the withdrawal amounted to a waiver of her right to receive the required complaint documents and evidence.

"The attendance to challenge the Committee's jurisdiction, followed by withdrawal after the objection was rejected, cannot be treated as an informed waiver of the distinct right to receive the particulars and material required by law," he ruled.

Justice Orina, however, rejected Muhia's separate argument that the committee was improperly constituted because only three commissioners participated in the proceedings.

He held that the applicable rules provided for a minimum institutional membership of five, while separately prescribing a quorum of three for hearing complaints.

The judge declined to order a fresh hearing, noting that the Ol Kalou by-election period had ended after the successful candidate was sworn in on July 28, 2026.

He consequently issued an order of certiorari quashing the committee's July 10 decision.