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Four “rebel” Independent Electoral and Boundaries Commission (IEBC) commissioners got a reprieve yesterday after the Senate dropped a notice of motion that sought to investigate their conduct in the August 9, polls.

The motion to investigate commissioners Juliana Cherera, Justus Nyang’aya, Francis Wandera and Irene Mast, whose notice was issued by Nyandarua Senator John Methu has now been dropped for the time being.

Senate Majority Leader Aaron Cheruiyot (Kericho) said the move was informed by the failure to have the motion discussed at the parliamentary group level before a notice is tabled in the house.

 “Some of these decisions are made at a party level. I am not aware if the party has reached such a decision. I am therefore standing down the notice of motion,” said Cheruiyot. In his prayers to the House, Methu had called upon the electoral agency to effect the legal, policy, and institutional reforms recommended by the Supreme Court ruling on the Presidential Petition No. E005 of 2022.

“The Senate urges the Standing Committee on Justice, Legal Affairs and Human Rights to study the Supreme Court ruling and introduce legislation that will seal existing loopholes in the electoral process. These will include the manner of appointment of future IEBC Commissioners and enhance the statutory and regulatory framework especially to separate the policy and administrative remit of IEBC,” Methu’s petition reads in part.

In his petition, Methu observes that the actions of the four commissioners were a deliberate and concerted effort to subvert the sovereign would of the people by obstructing the constitutional mandate of the commission to conduct free, fair, transparent and verifiable elections, which goes against their official duties and oaths of office.

According to Methu, a direct result of the conduct of the quartet, the country was plunged into a state of disquiet and uncertainty that resulted in questions being raised on the legitimacy and legality of the results and the integrity of the electoral process.

Absence of evidence

“The four commissioners did not provide information or evidence to substantiate their accusations that the chairperson of the commission had compromised the process. In the absence of any evidence of a violation of the Constitution and the electoral laws of Kenya, the four commissioners attempted to defeat the sovereign will of the people of Kenya,” reads part of the petition.

Article 251 (2) states that a person desiring the removal of a member of a commission or of a holder of an independent office on any ground specified in clause (1) may present a petition to the National Assembly setting out the alleged facts constituting that ground. The supreme law further states that the National Assembly shall consider the petition and, if it is satisfied that it discloses a ground under clause (1), shall send the petition to the President.

And on receiving a petition under clause (3), the president may suspend the member or office holder pending the outcome of the complaint; and shall appoint a tribunal.