4 petitions seeking ouster of 4 ‘rebel’ IEBC commissioners presented to National Assembly

Four petitions seeking the removal of four commissioners of the Independent Electoral and Boundaries Commission (IEBC) were on Tuesday, November 15, presented to the National Assembly.

In a communication to the House, Speaker Moses Wetang’ula confirmed receipt of the four petitions, saying the petitioners want the four commissioners ejected from office over their conduct in the August general election.

The four; IEBC vice-chairperson Juliana Cherera, commissioners Irene Masit, Francis Wanderi and Justus Nyang’aya, rejected presidential results announced by IEBC Chairperson Wafula Chebukati on August 15, saying the final tally was conducted in an ‘opaque’ manner.

The petitioners, the Republican Party, Denis Ndwiga, Owuor Steve Jerry Geoffrey Langat, want the commissioners kicked out of office on grounds of violation of the constitution, gross misconduct and incompetence.

The Republican Party states that the four commissioners, through their action of issuing a press statement rejecting election results failed to promote public confidence in the office that they hold, and brought dishonour to the nation and lack of dignity to the office contrary to article 73 (1) (a) of the constitution.

The second petitioner, Dennis Ndwiga, argues that the commissioners violated the constitution by demonstrating partiality and biased conduct in agreeing with an alleged proposal to alter the results of the general elections in favour of one candidate or in the alternative to force a run-off contrary to article 10 (7) of the constitution.

He further accuses the four of agreeing to the incentives and giving in to the proposals by the National Security Advisory Council to alter the results of presidential elections.

Ndwiga argues that by accepting the alleged proposal to alter the presidential results, the four willingly subverted the will of the people of Kenya contrary to the constitution.

The petitioner bases his argument on claims by a section of the commission led by Chebukati and commissioners Boya Mulo and Abdi Guliye that there was an attempt by the National National Security Advisory Council to alter the results of the presidential election in favour of Azimio la Umoja – One Kenya coalition candidate Raila Odinga, who lost to President William Ruto.

Speaker Wetang’ula directed the Justice and Legal Affairs Committee (JLAC) to look into the petitions and guide the House on whether they satisfy grounds of removal of any or all the four commissioners.

“The four petitions now stand committed to the departmental committee on Justice and Legal Affairs for consideration. The work of the committee is to guide the house by way of comprehensive report on whether the petitions satisfy the grounds of removal of any or all of the cited members of a constitutional commission as set out in clauses 1 and 2 of article 251 of the constitution,” Wetang’ula stated.

The committee is expected to present a report to the House within 14 days.

The Speaker said the committee shall offer the affected commissioners an opportunity to respond to the petitions either orally or in writing.