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Two Independent Electoral and Boundaries Commission (IEBC) bosses are set to boycott a meeting with a parliamentary committee to discuss their conduct.

Sources within the National Assembly confided in People Daily that IEBC vice-chair Juliana Cherera and Commissioner Irene Masit had been advised by their lawyers to skip the session with the National Assembly’s Justice and Legal Affairs (JLAC) committee.

At the session, they are expected to be grilled on their conduct during the declaration of presidential poll results in August.

A member of the committee allied to the Azimio coalition said the two commissioners had been advised to skip today’s session on grounds that it lacks jurisdiction to inquire into their removal from office.

The MP, who requested anonymity, said there is a likelihood that the commissioners were under firm instructions from their legal team not to appear, as the committee lacks the mandate to investigate them.

Paralyse the sitting

The member added that committee members from Azimio would paralyse today’s sitting, terming it a “kangaroo court.”

“As Azimio members, we did not advise the four commissioners not to appear. What I know is that their lawyers have advised them not to appear because this is just a political court and the issues raised can be well canvassed before a tribunal where they will be allowed to call any witness they may want,” he said.

Another MP allied to Azimio coalition also hinted that the ‘rebel” commissioners would not appear before the committee.

“Are they coming really? As Azimio, we have nothing to do with that process whether they come or not. However, let’s wait and see what happens. We are prepared for any eventuality,” said the MP who did not want to be named.

 Cherera and Masit are supposed to appear before the committee today, while their colleagues — Francis Wanderi and Justus Nyang’aya — are to appear before the committee chaired by Tharaka MP George Muragara tomorrow.

This follows last week’s sessions where the committee listened to petitions filed by the Republican Party, Rev Dennis Ndwiga, Geoffrey Langat and Owour Jerry.

Call for tribunal

The petitioners want the four commissioners kicked out of office over the manner in which they rejected the presidential election results declared by IEBC chairperson Wafula Chebukati. They  want Parliament to recommend the formation of a tribunal by President William Ruto to remove the commissioners from office.

The commissioners described the tail-end of the vote verification and tallying process as opaque and distanced themselves from the results moments before chairman Wafula Chebukati declared William Ruto the winner.

The move by the two comes just days after chaotic scenes rocked Parliament last Thursday when MPs allied to Azimio-One Kenya coalition walked out of the proceedings investigating the commissioners.

The opposition MPs —  and lawyers representing the embattled commissioners — engaged  MP Murugara in name-calling in full view of Azimio leaders Raila Odinga, Kalonzo Musyoka and Martha Karua, who had attended the proceedings in solidarity with the embattled commissioners.

Opposition legislators led by Minority leader Junet Mohammed made spirited attempts to stop the proceedings by siding with the lawyers representing the four commissioners, who wanted the petitions struck out on technicalities.

The committee had to retreat for an hour to discuss the issues raised by the lawyers, which included the admissibility of the petitions and the legality of the parliamentary committee to hear them.

When they returned, Murugara said they had reached a conclusion that the four petitions were lawfully before the committee, a ruling that was disputed by Junet and his colleagues.

Junet attempted to shout down the chairman, denying that a vote had been taken among the members, but was overruled. It was then that he led his colleagues out of the meeting.

No jurisdiction

The embattled commissioners — through lawyers Donald Kipkorir, Danston Omari, Jothan Arwa and Apollo Mboya — raised a preliminary objection, saying the committee has no jurisdictional authority to preside over the matter.

Arwa, who was representing commissioner Justus Nyang’aya, stated that the matter ought to have been addressed by the Powers and Privileges Committee on the nature of complaints raised. This prompted the committee members to retreat and agree on a way forward.

“We have agreed that we have the jurisdiction to hear this matter. This is the most competent committee, petitions by the public are sent to the Clerk who, when satisfied, forwards them to the Speaker, who then forwards them to the relevant House committee,” stated Murugara.

Junet led another onslaught when he demanded that the committee chairman grant the lawyers representing the four commissioners adequate time to make their submissions on behalf of the adversely mentioned commissioners.

The lawmakers were divided on whether the commissioners’ lawyers should be given at least five minutes per submission.

 “Let’s take a vote, as MPs, to decide on how much time we’ll allocate the lawyers. We are only 10 of us. If the members vote that the lawyers be given 10 minutes each, we’ll work with that, if we vote that they be allocated five minutes each, we’ll agree to that,” said Majority Whip Sylvanus Osoro, the MP for South Mugirango.

Hearings of the committee started after the Clerk of the National Assembly, Samuel Njoroge, notified members of the public that the House committee would listen to the petitioners. The committee has 14 days to submit a report to the House as required under the Standing Orders.

 “Once the committee tables its report, the House will have 10 days to decide whether the petitions contain valid grounds for removal of the commissioners,” he said.

The hearing comes after Speaker Moses Wetang’ula approved the petitions and forwarded them to the relevant House committee. Wetang’ula told MPs that they must conduct any quasi-judicial proceedings in strict compliance with the Constitution and the Fair Administrative Action Act.