A tribunal constituted to probe the conduct of 4 commissioners of the Impartial Electoral and Boundaries Fee (IEBC) has really useful the elimination of Commissioner Irene Masit from workplace over violation of the structure and gross misconduct.
In a report submitted to President William Ruto on Monday, February 27, the tribunal chaired by Court docket of Enchantment decide Aggrey Muchelule mentioned allegations that Commissioner Masit agreed to a request made by some members of the Nationwide Safety Advisory Committee (NSAC) to reasonable leads to final yr’s presidential election had been proved.
Additional, the tribunal acknowledged that the actions by Masit and her colleague to disown the presidential outcomes introduced by former IEBC chair Wafula Chebukati on August 15, 2022, amounted to gross misconduct.
“From the evaluation of proof on report, it’s our discovering that Commissioner Irene Masit’s actions of fifteenth August 2022 of agreeing to the proposal by the 2 delegations to reasonable the results of the Presidential Election to allow a re-run with the promise that there can be a reward if this was finished quantities to gross misconduct on her half,” the report reads partially.
“Secondly, the actions by the Commissioners to proceed to Serena to challenge the presser to disown the outcome that she had participated in tallying and verifying had been meant to undermine and erode public belief within the fee and to the outcome. In our thought-about view, these actions amounted to gross misconduct.
“This Tribunal recommends to the President pursuant to the mandate assigned vide Gazette Discover No. 14890 of 2nd December 2022, and additional in accordance and in compliance with Article 251(1) and (6) that Commissioner Irene Cherop Masit be faraway from workplace as a member of the Impartial Electoral and Boundaries Fee,” the doc added.
The tribunal, nevertheless, discovered that the actions of Commissioner Masit didn’t quantity to incompetence.
Masit is the final commissioner standing after three of her colleagues led by former vice chair Juliana Cherera, Justus Nyang’aya and Francis Wanderu opted to resign quite than face the tribunal.
Chebukati and former commissioners Abdi Guliye and Boya Molu testified towards Masit in the course of the proceedings of the tribunal.
Masit’s defence
In her defence final week, Masit accused the tribunal investigating her conduct of being motivated by politics quite than details of legislation.
Masit, by lawyer Donald Kipkorir, claimed the tribunal lacked any authorized foundation or proof to implicate her in a plot to tilt the end result of the final presidential election in favour of the Azimio la Umoja candidate Raila Odinga.
“Chairman, within the e-book of Matthew 7:26-27 our Lord Jesus says, a silly man builds his home on sand, when the rains and winds come it’s swept away. Your complete case earlier than you my Lord is constructed on sand,” he mentioned.
Kipkorir accused the tribunal of assuming the position of the prosecutor quite than of advising its appointing authority.
He additional accused the lead counsel, Peter Munge of encroaching on the mandate of the tribunal as an alternative of enjoying their position because the lead counsel.
The lawyer additionally took a swipe on the Muchelule tribunal, saying it had gone out of its technique to personal the witnesses who testified towards Masit.
“One other mistake or error by this tribunal is proudly owning the witnesses as your personal, the witnesses belong to the prosecution… the lead counsel additionally erred in summoning solely inculpatory witnesses,” claimed Kipkorir.
President Ruto appointed a tribunal to probe the officials in December final yr at the same time as he maintained that “rogue officers who put the nation in peril by subverting the democratic will of the folks” have to be held to account.
The Muchelule-led workforce comprised Carolyne Kamende Daudi, Linda Gakii Kiome, Mathew Njaramba Nyabena, and retired Colonel Saeed Khamis.
Others are Kibet Kirui Emmanuel, Irene Tuntu Neboe, Peter Munge Murage and Zamzam Abdi Abib.
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