Ruto Fires Irene Masit From IEBC

Ruto stated that the move to end Masit's tenure at the electoral commission followed the reception of a report on recommendations...

Ruto Fires Irene Masit From IEBC
President William Ruto speaking at State House, Nakuru on February 13, 2023. /WILLIAM RUTO

President William Ruto has officially terminated the appointment of Irene Masit as Commissioner of the Independent Electoral and Boundaries Commission (IEBC).

In a gazette notice dated Wednesday, March 1, Ruto stated that the move to end Masit's tenure at the electoral commission followed the reception of a report on recommendations given by a tribunal chaired by Justice Aggrey Muchelule.

"Reasons wherefore, I, William Samoei Ruto, President and Commander-in-Chief of the Kenya Defence Forces in the exercise of the authority vested by Article 251 (6) of the Constitution do hereby direct that:

"The appointment and tenure in office of Irene Cherop Masit as a Member of the Independent Electoral and Boundaries Commission be and is terminated with immediate effect," stated the Head of State.

Former IEBC Commissioner Irene Masit. /CITIZEN DIGITAL

Additionally, the president declared Masit's now-previous role vacant, coming after three of her rogue colleagues; Vice-chairperson Juliana Cherera, and commissioners Justus Nyang'aya and Francis Wanderi resigned before they could face the tribunal.

Masit, in the report recommending her removal, was accused of serious violation of the constitution and the law as well gross misconduct. 

"That the law requires that the impugned conduct of the Member of the Constitutional Commission be so egregious and the circumstances surrounding their conduct so grave that the only cause of action is the termination of their tenure as a State Officer; and

"That the litany of gross violations of the Constitution by Irene Cherop Masit as enumerated in the Report of the Tribunal meet the required threshold for the removal from office of the subject State Officer," added the gazette notice.

The notice added that before making its recommendation, the Tribunal was required to make a finding as to whether sufficient and justifiable grounds exist for the removal from the Office of a Member of a Constitutional Commission;

Due to the gravity and import of such a decision, the law had set an extraordinarily high threshold to be met.

Muchelule and his team had earlier refused to declare Masit incompetent as claimed by a 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.

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.

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