NAIROBI, Kenya, Nov 15 – The clock might be ticking for tenure of the four dissenting Independent Electoral and Boundaries Commission commissioners (IEBC) who protested the Presidential election suit announcement following petitions recommending their removal from office presented to the National Assembly.
The four petitions which accuse the quartet who include; Juliana Cherera (Vice Chair), Irene Masit, Francis Wanderi and Justus Nyagaya of gross violation of the constitution and incompetence were forwarded to the Justice and Legal Affairs Committee (JLAC) paving way for the removal process.
In their petitions, the Republican Party, Reverend Davis Ndumbi, Jerry Owour and Geoffrey Langat want the four IEBC commissioners to take personal responsibility of the serious violation of the electoral conduct in favor of one candidate in the August 9th election.
JLAC committee chaired by George Murugara (Tharaka) is expected to table the report on the suitability of the petitions within 14 days.
Minority Leader Opiyo Wandayi sought to have the four petitions thwarted on the grounds that the petition touched on matter active in court saying they should be shelved until the matter is concluded.
“It has been the tradition that whenever petitions of whatever nature touching on matters in court are not entertained. I don’t see the urgency we can wait for the matter to be concluded in the court,” said Wandayi.
Majority Leader Kimani Ichung’wa however opposed the sentiment by Wandayi saying that the issue should not be subjected to politics as this was just the initial steps of the removal of the IEBC commissioners.
“Those petitions were presented by Kenyans who have every right to petition. The committee has been guided on considering the petition and this is just the first stage,” said Ichungwa.
Endebess MP Robert Pukose advised that the matter active in court is the hiring of the IEBC lawyers and therefore the house should not be gagged on the issue.
“The committee will be able to look on whether the matter is sub-judice or not. When a member say that a matter is sub-judice he should table evidence and not gag the work of government,” said Pukose.
The Republican Party has argued that the actions of the four IEBC commissioners to reject the presidential results without basis was a gross violation of the constitution and hence they should take personal responsibility.
“They should personal responsibility for the reasonably foreseeable consequences of any actions or omissions arising from the discharge of the duties of the office,” read the petition by the party.
Ndumbi’s petition mentioned that IEBC Chairman Wafula Chebukati’s confessions that the four IEBC commissioners wanted to alter the presidential results in favor of one candidate or to force a run off was a serious violation of the law.
He stated that the move by the commissioners to give in to the proposal of the National Security Council to alter the results amounted to gross incompetence.
“Failing to follow the guidelines on the declare and tallying of the presidential act. The four commissioners grossly misconducted by disowning the results and conveying meeting purportedly to appoint counsel to present the commission in presidential petition,” he stated.
Langat on his part sought the intervention of the House to consider the petition and, if satisfied that it meets the threshold for removal of office it be forwarded to the President who may suspend the four or form a tribunal to recommend the same or otherwise.
The fourth petitioner, Owour called upon the House to speedily consider the petitions which calls out the Cherera led wing for serious violation of the constitution, gross misconduct and incompetence.
“The four petitions stand committed to the Justice and Legal Affairs Committee for consideration and the committee will guide the house on whether the petition satisfy the grounds for removal from office of one or all of the cited members,” the Speaker directed.
The National Assembly shall consider the petition and, if it is satisfied that it discloses a ground shall send the petition to the President.
On receiving a petition , the President may suspend the member or office holder pending the outcome of the complaint; and shall appoint a tribunal.
The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President, who shall act in accordance with the recommendation within thirty days.
The four IEBC commissioners had moved to the Supreme Court as an extension of the petitioners who were seeking the nullification of Ruto’s win, but the court ruled that they failed to prove their case satisfactorily.
Azimio Leader Raila Odinga who lost to Ruto was the leading petitioner in the 2022 presidential election petition.
After the court verdict, the four welcomed the ruling and vowed to stand by the rule of law.
