NAIROBI, Kenya December 2 –President William Ruto has formed and gazzeted the tribunal that will investigate the removal of the four besieged IEBC commissioners.
The nine member team tribunal which will be chaired by High Court Judge Aggrey Muchelule after investigations will recommend their removal by the Head of State.
Other enlisted to be part of the tribunal include; Carolyne Kamende Daudi,Linda Gakii Kiome,Mathew Njaramba Nyabena,Col. (Rtd.) Saeed Khamis Saeed,Kibet Kirui Emmanuel and Irene Tunta Nchoe.
The lead counsel of the tribunal is Peter Munge Murage who will be assisted by Zamzam Abdi Abib.
The tribunal is required to expeditiously conclude the hearing and report of its findings which are binding with the President expected to act on them within 30 days.
“In the discharge of its functions, the Tribunal shall—(a) Prepare and submit a report and its recommendations thereon expeditiously; and (b) Exercise all the powers conferred upon it by law for the proper execution of its mandate,” read the gazette notice.
The tribunal is expected to consider four petitions filed against Juliana Cherera,Francis Wanderi,Justus Nyangaya and Irene Masit and establish whether there were serious violations of the constitution and gross misconduct they had committed.
Consequently, the four commissioners have been suspended pending their completion of the allegation against them.
“….being members of the Independent Electoral and BoundariesCommission, be and are hereby suspended from office with immediateeffect; and a Tribunal to inquire into the matter be and is hereby appointed,”stated the gazette notice.
This comes hours after Parliament recommended their removal from office after passing Justice and Legal Affairs Committee report.
Republican Party, Rev David Ndumbi, Steve Owour and Geofrey Langat filed the petitions which were investigated in a four-day hearing which the besieged commissioners gave a wide berth.
“The house resolves petition herein together with the material in support hereof be sent to his Excellency the President pursuant to Article 251 (3) of the constitution. The President appoint a tribunal to deal with the matters in accordance with Article 251 (5) of the constitution,” read the report.
On January 18th 2022, IEBC Chairman Wafula Chebukati and commissioners Boya Mulu and Abdi Guliye are expected to leave office following the end of their tenure.
If the tribunal recommends the removal of the four which will be a verdict acted upon within 30 days, it could portend trouble to the management of poll affairs.
This will create a crisis due to pending by elections and the imminent boundaries delimitation that is set to be conducted by the poll agency.
Majority Leader Kimani Ichungwa urged the house to expedite the process of passing the IEBC amendment bill to avert a crisis due to lack of a substantive poll body.
“The country runs a risk of running without a commission and it’s important we expedite it before we head on recess. It will allow the Senate time to deal with it because it touches on counties,” said Ichungwa.
“With the three commissioners term coming to an end and with the fate of the other 4 in the hands of this assembly, should anything adverse be decided on them , we ran the risk of being without a commission,” he added.
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