NAIROBI, Kenya, Nov 25 – A petitioner is proposing the formation of tribunal
for removal of the four commissioners at the Independent Electoral and Boundaries
Commission (IEBC) that will probe their collusion with Azimio coalition to
subvert the will of the people at the ballot.
Geoffrey Langat, an Advocate, cited the nexus of activities before and after
the August 9 polls by Irene Masit, Juliana Cherera, Francis Wanderi and Justus
Nyangaya symbolized a flourishing relationship between the two which is a clear
violation of the constitution.
On the second day of the proceedings presided over by the Justice and Legal
Affairs Committee, Langat mentioned that their actions have committed serious
violations of the constitution and are incompetent to hold office.
“When people read similar things, their actions, their movements are same
they are probably reading from the same script. It can never be a coincidence,”
said Langat.
“The link can be seen, their actions from the Bomas to Serena for a presser
and the violence by Azimio at Bomas. What the two were saying in their pressers
that the winner did not get the 50+1 threshold, shows a nexus,” he added.
The petitioner pointed out that since the tallying and collation of the
results events that unfolded at the Bomas of Kenya showed attempts to tamper
with the final presidential election in favour of Azimio La Umoja One Kenya.
While relying on the affidavit by the IEBC Chairperson Wafula Chebukati, Langat
stated that the four commissioners were hell bent to ensure Raila Odinga is
declared the winner in the polls by forcing a runoff when the results were not
in their favor.
Further, when they failed in that mission the embattled commissioners made
responses in the presidential petition supporting Odinga’s petition which were
eventually thrown away by the Supreme Court.
“The four commissioners were individually and collectively acting as an
agent to the Azimio La Umoja-ONE Kenya Coalition Party and its associates
within the commission. The same is contrary to section 30 of Independent
Electoral and Boundaries Commission Act 2011,” Langat stated.
With Chebukati and commissioners Abdi Guliye and Boya Mulu expected to leave
office in the next two months, the petitioners argued that the commission will
be left dented as commissioners who took side with Azimio cannot be left to
lead the poll body.
“How will the four commissioners work with the secretariat which they could
not agree on tallied and verified results, appointment of law firm to represent
the commission in court and many other issues which are in public domain?” he
posed.
Azimio La Umoja One Kenya Coalition leader Raila Odinga has described the
ongoing petition before the Justice and Legal Affairs Committee (JLAC) of the
National Assembly on the removal of four commissioners at the Independent
Electoral and Boundaries Commission (IEBC) as a political witch-hunt.
Odinga told Journalists Thursday in Nairobi that the ongoing probe is a
revenge mission by President William Ruto’s led administration against IEBC
Deputy Chairperson Juliana Cherera and commissioners Francis Mathenge, Irene
Masit, and Justus Nyang’aya for expressing reservations over the process that
lead to the declaration Ruto as Kenya’s 5th President.
The Opposition Chief claimed that the petition is being steamrolled by the
Speakers of the National Assembly and the Senate and President Ruto.
Odinga went on to say that the outcome of the ongoing petition against the
dissenting commissioners is already pre-determined and seeks to unlawfully kick
them out of the IEBC
“The four Commissioners are supposed to appear before this Committee, be
found guilty, and be made to appear before a tribunal to be set up by Ruto that
will confirm their guilt. They will then be thrown out of IEBC,” he said.
He added that the “selective injustice” against the four commissioners takes
place despite the existence of other petitions seeking the removal of Wafula
Chebukati, Abdi Guliye and Boya Molu as commissioners of IEBC.
“The criminal Ruto stooges at IEBC are being protected and rewarded while
those who fought for integrity of our elections are being punished,” Odinga
said.
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.
