IEBC Tribunal Recommends Removal Of Commissioner Irene Masit
The tribunal's Chairperson Justice Aggrey Muchelule, recommended to President William Ruto on Monday, February 27 for her ouster...
admin
A tribunal appointed to investigate the conduct of Independent Electoral and Boundaries Commission (IEBC) commissioner Irene Masit has recommended her removal from office.
The tribunal's Chairperson Justice Aggrey Muchelule, recommended to President William Ruto on Monday, February 27 for her ouster, noting that the accusations facing the embattled commissioner were proven.
"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," the document seen by Viral Tea read in part.
The tribunal also found that Masit committed two of the three offences as listed by the petitioners who sought her ouster from IEBC.
IEBC Vice-chair, Juliana Cherera during a press address at Serena Hotel in Nairobi. /FILE
However, Muchelule and his team refused to declare Masit incompetent as claimed by the petitioner, explaining that it is not determined by one incident but a series of events that demonstrate a lack of ability and qualification to discharge the duties of the office.
Masit and her former colleagues; Vice-chairperson Juliana Cherera, and commissioners Justus Nyang'aya and Francis Wanderi, were involved in serious violations of the Constitution during the 2022 electoral period.
"Having considered all the evidence tendered, the Tribunal finds that the allegations on serious violation of the constitution and the law and the allegations of gross misconduct against Commissioner Irene Masit have been proved to the required standard," the tribunal ruled.
It added that "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."
Cherera, Wanderi, Masit and Nyang’aya were being investigated over their conduct after they disputed the presidential election results declared by former IEBC Chairperson Wafula Chebukati on August 15, 2022, citing “opaqueness” in the manner the results were counted and determined.
After the Supreme Court later upheld the elections, petitions were filed challenging their suitability to hold office. Despite the probe targeting all the four commissioners, termed the Cherera 4, Masit's three colleagues all resigned before the hearings began, leaving her to face the tribunal alone.
The four were accused of meeting high-profile Azimio la Umoja One Kenya Coalition leaders over the five days that followed their infamous presser at Serena Hotel on Monday, August 15, the same day Chebukati was to announce the results.
They were booked into an exclusive apartment in Nairobi's affluent Kilimani neighbourhood known as Yaya Apartments between August 15 and 17 in rooms number 21, 23 and 27.
In her replying affidavit, Masit accused the tribunal of “obtaining what is purported to be her entry into a public hotel as though entering into such a facility is criminal or nefarious.”
The commissioner, who was suspended by President Ruto, threw away the whole investigation process, terming it a charade and a disdain of the constitution, standing orders, and established law from the word go.
She also accused the tribunal of proceeding on a petition “with no substance and in a different form, character, and content from the different petitions.”
Masit claimed the Parliamentary Departmental Committee's findings were full of bias, irrationality, and impartiality in that its chairman Gitonga Murungara failed to disclose that he was part of the ruling party UDA’s legal team.
Appearing before the tribunal, Chebukati disclosed on Tuesday, January 24 that Masit had supported the proposal for the results to be moderated to favour Azimio la Umoja leader Raila Odinga following an impromptu meeting with former Jubilee Secretary-General Raphael Tuju, former Busia Senator Amos Wako and advocate Kyalo Mbobu.
"Commissioner Masit agreed with the remarks of Senator Wako and Tuju. That we should moderate the results. I said that the will of the people must be respected and live up to the oath of office," he stated before the tribunal.
