The Justice Aggrey Muchelule led tribunal has recommended the removal of suspended Independent Electoral and Boundaries Commission (IEBC) commissioner Irene Masit.
In a report handed over to President William Ruto at State House today, the tribunal which was formed by the Head of State to probe the conduct of four IEBC commissioners during last year’s general election found Masit guilty of gross misconduct.
“Having considered all the evidence tendered, the Tribunal finds that the allegations on serious violation of the constitution and the law…. Therefore, this tribunal recommends to Your Excellency, the President of the Republic of Kenya, pursuant to the mandate assigned vide Gazette Notice No. 14790 of December 2, 2022, and further in accordance and in compliance with Article 251 (1) and (6) that Commissioner Irene Cherop Masit be removed from office as a member of the Independent Electoral and Boundaries Commission,” the report reads in part.
It also added that the concerns of serious violations of the Constitution during electoral period against the four commissioners had been proven.
“The actions by the Commissioners to proceed to Serena to issue the presser to disown the result that she had participated in tallying and verifying were intended to undermine and erode public trust in the commission and to the result. In our considered view, these actions amounted to gross misconduct,” added the tribunal report.
The tribunal began its official hearing on December 20,2022 and later on concluded its hearings and retreated to make recommendations on the matter on February 20, 2023 after counsels representing both parties made their final submissions.
“We will retire as members of this tribunal to consider the evidence, submissions, law and the Constitution. The law says that we will report to the appointing authority and we are not required to come back and give you that report,” Justice Muchelule stated.
Ex-IEBC chairperson Wafula Chebukati, commissioners Boya Molu and Abdi Guliye were among witnesses who appeared before the tribunal.
Ex-former IEBC vice chairperson Juliana Cherera, commissioners Francis Wanderi and Justus Nyang’aya had instead opted to resign and not face the tribunal.
Masit however stood her ground on her innocence and was represented by lawyer Donald Kipkorir.
