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Inquiry into the conduct of the Cherera Four during the last General Election enters the home stretch starting today as the Tribunal begins receiving submissions from the accused.

Sources within the Tribunal said they were ready to start receiving replying submissions from the accused starting this morning.

Tribunal was appointed by President William Ruto last year to investigate the conduct of former electoral commission Vice-Chair Juliana Cherera and former commissioners Justus Nyang’aya, Francis Wanderi and Irene Masit.

“Yes, we are resuming this morning to receive the replying submissions. We are good to go,” a source in the tribunal who sought anonymity said.

Fireworks are expected during today’s hearings as the defence team representing Masit, the only surviving commissioner, attempts to tear down the evidence so far adduced against her. 

Last week, Masit’s lawyer Donald Kipkorir took to his twitter account to declare that he was ready to face off with his client’s accusers when the Tribunal resumes its sittings.

“My submissions on behalf of IEBC commissioner Irene Masit for filing before Muchelule Tribunal are ready. In my long legal career, I haven’t taken so many days & reading hundreds of case law & scholarly articles as I have done in this matter. I do this for God, Country & History,” he tweeted.

In another tweet, Kipkorir took a swipe at Azimio team, accusing it of riding on the case for political gain without offering Masit any support as she battles to clear herself of the allegations.

“The above statement is to stop one side of the Political divide riding on the case when they have no ownership nor have they offered my client any support (which support will be rejected) & the other side thinking Commissioner Irene Masit is against them. She is impartial,” Kipkorir wrote.

Kipkorir will this morning set out to discredit evidence so far adduced at the Tribunal by its lead Counsel Peter Munge, portraying Masit and her colleagues of supporting the request by Azimio team to have the final presidential election results varied to favour Raila.

Tribunal heard that Azimio team, led by the National Security Advisory Council (NSAC) accompanied by Raila’s lieutenants Raphael Tuju and former Busia Senator Amos Wako, had lobbied the IEBC team led by former chairman Wafula Chebukati to moderate the final results and declare a run-off in the event that the Kenya Kwanza candidate William Ruto was leading. This, the NSAC team argued, would save the country from plunging into turmoil in the event of Ruto victory.

Kipkorir has already indicated to the tribunal that his client did not wish to present any witness. “We will leave it where the lead prosecutor has left it. We do not wish to present any witnesses,” Kipkorir told the panel. Tribunal is chaired by Court of Appeal Judge Aggrey Muchelule.

Joint secretaries

Members of the Tribunal are Carolyne Kamende Daudi who is the vice-chair, Linda Kiome, Mathew Nyabena and Col. (Rtd.) Saeed Khamis Saeed.

Kibet Emmanuel and Irene Nchoe were appointed joint secretaries.

Among those who have so far testified in the case include Chebukati, former commissioners Boya Molu, Prof Abdi Guliye and IEBC CEO Marjan Hussein Marjan.

Three petitioners who filed petitions against the Cherera Four were also witnesses in the Tribunal. The representatives of Serena Hotel and Yaya Apartments also testified in the probe.

Chebukati, in his testimony, had revealed how Tuju and Wako tried to bribe him and the other commissioners to moderate the Presidential results.

The former IEBC chair said Tuju stated that they would be ‘adequately rewarded’ if they moderated the results in favour of Raila.

Chebukati narrated to the Tribunal how Tuju, Wako and lawyer Kyalo Mbobu stormed the holding room at Bomas, which acted as his office to discuss the ongoing process of tallying the presidential results.

“I got messages from members of staff and security detail that there were gentlemen that wanted to see me….they came in…actually I did not say yes they should come in, they just came in uninvited at the holding room, I had told my CEO I would take a nap for one hour but I was woken up by these gentlemen,” Chebukati narrated to the Tribunal.

 “Tuju said it was necessary to moderate the results in favour of Baba as contrary results will take the country into chaos. I understood Baba to mean Raila Odinga,” Chebukati said.

The Azimio leaders asked the commissioners to ensure a run-off if it was impossible to moderate the results in favour of Raila and they would be adequately rewarded.

“Tuju said if we consider the request we shall be awarded. I was categorical that I am adequately remunerated and do not want anything from anyone,” said Chebukati. He noted that he understood the reward to be in the form of monetary but he did not encourage the three to expound on it.