Chebukati, allies last act at electoral body

Independent Electoral and Boundaries Commission chair Wafula Chebukati and two other commissioners are expected to spill the beans against their four colleagues who are facing a probe over their conduct during the August General Election.

The tribunal formed by President William Ruto to probe the ‘Cherera Four’ proceeds on January 23, with Chebukati and two commissioners—Boya Molu and Abdi Guliye—expected to take the stand despite their term ending this January.

Lead counsel at the tribunal Peter Munge last month wanted the Justice Aggrey Muchelule-led tribunal to hear the testimony of Chebukati and the two commissioners before they left office, raising concerns over their obligation to testify once their term expires.

“The tribunal should note that the three commissioners will be out of office by January 17 and, therefore, will have no obligation to come and testify. They will also have a legal challenge of getting documents,” he said.

However, three of the ‘Cherera Four’—Juliana Cherera (who was IEBC vice-chair person), Francis Wanderi and Justus Nyang’aya—have since resigned, leaving Irene Masit to face the tribunal.

Masit’s lawyer Donald Kipkorir, however, claimed the tribunal has powers to summon them to come and testify and the issue of their term ending does not affect their evidence.

Justice Muchelule directed IEBC Chief Executive Officer Hussein Marjan to help Chebukati and the two commissioners to access document that will  be used to testify in the tribunal.

“The fact that the commissioners leave office on January 17, does not pose a problem…  in any case, this is an assignment that is bigger than their leaving office,” said Justice Muchelule.

The recently concluded by-elections in Garissa Township, Kandara, Elgeyo Marakwet and Shells ward in Lamu were clearly the last assignment for the Chebukati-led IEBC trio whose exit without a properly constituted commission leaves the country facing the possibility of a constitutional crisis.

It also comes at a time when the electoral body is set to preside over a boundaries review process set to begin later this year.

It will be interesting to see how the two houses of Senate and the National Assembly handle the matter to prevent an imminent crisis, despite assurances by Parliament’s Justice and Legal Affairs Committee Chair George Gitonga who says a selection panel is already in place.

The tribunal hearing is expected to bring to the fore issues that led to the break-up between Chebukati, his vice-chairperson and the three other commissioners during the tallying of the Presidential election results at Bomas of Kenya.

This is where Chebukati and the two remaining commissioners are scheduled to expose their colleagues who have been accused of betraying the electorate and attempting to incite political turmoil when they disputed the results announced by Chebukati handing President William Ruto of Kenya Kwanza Alliance a win over his main challenger Raila Odinga of Azimio One-Kenya coalition.

Opposition leaders including Odinga have disputed the presidential election results, accusing IEBC of malpractices meant to deny the Azimio candidate victory.

Chebukati has presided over the Anniversary Tower-based organisation during a tumultuous tenure, which saw the nullification of the Presidential election results by the Supreme Court in 2017 as well as the disputed August 9, 2022 polls.

Meanwhile, Gatundu North MP Elijah Njoroge Kururia has initiated a move to have the constituency’s name changed.

Kururia and a cross-section of leaders and residents are proposing that the constituency be renamed Mang’u, Chania or Kamwangi. The legislator argues the area has been neglected so badly by successive regimes that no meaningful development.