Tribunal Advocates Removal Of Irene Masit From Office As Member Of IEBC
The tribunal convened to hear the petition to remove Juliana Cherera, Francis Wanderi, Irene Masit, and Justus Nyang’aya from their positions as members of the Independent Electoral and Boundaries Commission (IEBC) has suggested that Masit be removed.
The petition hearing concluded on Monday, February 20, after counsel for both parties made their final comments.
The tribunal headed by Justice Aggrey Mucheule stated in its report to President William Ruto on Monday that the allegations of gross misconduct leveled against Commissioner Masit were proven to the required standard.
“Having considered all the evidence tendered, the Tribunal finds that the allegations on serious violation of the constitution and the law… against Commissioner Irene Masit have been proved to the required standard,” the tribunal said.
“Now therefore, this Tribunal recommends to Your Excellency, the President of the Republic of Kenya and Commander in Chief of the Defence Forces, pursuant to the mandate assigned vide Gazette Notice No. 14890 of 2nd December 2022, and further in accordance and in compliance with Article 251(1) and (6) that Commissioner Irene Cherop Masit be removed from office as a member of the Independent Electoral and Boundaries Commission.”
Similarly, the tribunal stated that the four commissioners were guilty of serious constitutional violations during the election time.
“The actions by the Commissioners to proceed to Serena to issue the presser to disown the result that she had participated in tallying and verifying were intended to undermine and erode public trust in the commission and to the result. In our considered view, these actions amounted to gross misconduct,” the tribunal said.
‘Opaque’ results
Cherera – the former IEBC Vice-chair – together with Wanderi, Masit and Nyang’aya disputed the presidential election results declared by the IEBC Chairperson Wafula Chebukati on August 15, citing “opaqueness” in the manner they were arrived at.
After the Supreme Court upheld the elections, petitions were submitted questioning their eligibility to serve.