Masit Pokes Holes In New Evidence Against Cherera 4, Azimio

Independent Electoral and Boundaries Commission (IEBC) commissioner, Irene Masit, has faulted a petition filed before the Justice Aggrey Muchelule-led tribunal that is investigating her alongside Juliana Cherera, Francis Wanderi and Justus Nyang’aya.

The four, in new evidence, 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 IEBC chairperson Wafula 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.

IEBC Vice-chair, Juliana Cherera during a press address at Serena Hotel in Nairobi. /FILE

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.

She was of the view that the tribunal introduced evidence that was tendered in the Supreme Court presidential petition yet the court's decision is final, conclusive, and binding.

Yaya Apartments presented logs that showed that the four commissioners checked in on August 15, with their bookings done by a person identified as Edwin Ong’ong’a Ogwe.

Ogwe however did not accompany the commissioners when they checked in after the presser and returned the following day to pay for the rooms, which go for approximately Ksh17,683 per night, as per different hotel booking websites. The Cherera four were then believed to have checked out of the apartments on August 19 at 3 pm.

Meanwhile, Meru Law Court Judge Edward Muriithi has declined to give conservatory orders stopping the tribunal from investigating the suspended Cherera Four

"All petitions in the case will be considered only after the determination of the inquiry process by the Constitutional Tribunal,” justice Muriithi ruled.

The matter is scheduled to be mentioned on January 16, 2023, or an earlier date, with another petition seeking to quash the mandate of the ruling scheduled to be mentioned and determined on December 19, which is Monday next week, a day before the tribunal kicks off its proceedings.

Outgoing IEBC chairperson, Wafula Chebukati, commissioners Abdi Yakub Guliye, Boya Molu, and CEO Marjan Hussein Marjan, General Manager of Yaya Apartments, General manager of Serena Hotel and a Protected Witness will testify against the Cherera Four when the hearings begin.

IEBC chairman Wafula Chebukati (centre) with commissioners Prof Yusuf Guliye (left) and Boya Molu, during a past press briefing at the Anniversary Towers, Nairobi. /DAILY NATION