IEBC Tribunal Recommends Removal Of Commissioner Masit Over Gross Misconduct

The Justice Aggrey Muchelule led Independent Electoral and Boundaries Commission (IEBC) tribunal has recommended the removal of Commissioner Irene Masit over gross misconduct.
In the report forwarded to President William Ruto, the tribunal also wants Masit to be removed from the commission for having contravened the Constitution during the August 2022 elections.
In the findings, the tribunal noted that the evidence tabled before the member team had satisfactorily proven the two allegations against her but failed to convince the tribunal on the aspect of incompetence.
“NOW THEREFORE, this Tribunal recommends to Your Excellency, the President of the Republic of Kenya and Commander in Chief of the Defence Forces, pursuant to the mandate assigned vide Gazette Notice No. 14890 of 2nd December 2022, and further in accordance and in compliance with Article 251(1) and (6) that Commissioner Irene Cherop Masit be removed from office as a member of the Independent Electoral and Boundaries Commission,” read the report.
Four petitioners had sought the removal of four IEBC commissioners Masit, Juliana Cherera, Francis Wanderi and Justus Nyagaya owing to their conduct during the period leading up to the declaration Presidential Election Results in the 2022 General Elections.
Only Masit was the only poll commissioner out of the Cherera four who faced the tribunal as the trio opted to resign ahead of the tribunal sitting.
Masit was sworn in on 2nd September,2021 to serve for a period of six years thereby filling the vacancies created following the previous resignations.
Its upon President Ruto to heed to the recommendations of the tribunal to show Masit the door leaving the commission completely vacant.
Vote dumping
Evidence tabled before the tribunal alluded to submissions presented by the four petitioners, Former IEBC Chair Wafula Chebukati and Commissioners Abdi Guliye.
Guliye and Molu, both of whom retired alongside Chebukati on January 17, backed the former Chairperson’s account suggesting a plot to manipulate election results.
They said a faction led by then IEBC Vice Chairperson Juliana Cherera suggested moderation of election results to deny President William Ruto a win and declare Azimio’s Raila Odinga the winner.
Guliye said the proposal was presented by a team led by Vice Chief of Defence Forces Lt. Gen. Francis Ogolla.
“The four commissioners said the message needed serious attention and consideration,” he said while referring to Cherera, Justus Nyang’aya and Francis Wanderi.
He said the four proposed the deduction of over 200,000 votes from President William Ruto and dump them in rejected ballots to force a run off in the event the commission was unable to declare Raila Odinga the winner.
Guliye said he alongside Chebukati and Commissioner Molu reiterated that the commission would uphold the will of the people whatever the outcome.
He termed the move by the Cherera faction to storm out of the National Tallying Centre and hold a parallel press conference as pre-arranged.
“How do you come from Bomas and within a short period you have a completely set up podium at Serena Hotel complete with press crews?” Guliye posed.
Chebukati’s Confession
During his appearance before the tribunal , Chebukati restated he first made public in September during the hearing of the presidential election petition at the Supreme Court.
He told the tribunal top officials of Azimio Coalition stormed into his office at 3am demanding alteration of presidential election results.
Azimio Executive Director Raphael Tuju and then Busia Senator Amos Wako reportedly woke Chebukati from a nap moments after his security detail briefed him of their presence.
“The two walked into the room even before I gave my security detail the go ahead to allow them in,” the retired IEBC Chairperson said on Tuesday.
Chebukati told the panel the visit by the duo preceded once by members of the National Security Advisory Committee (NSAC) who made similar demands.
He said NSAC cautioned that if he declared William Ruto as the President – Elect, “the country is going to burn.”
While making submissions at the Supreme Court in September 2022, Chebukati told the court the NSAC delegation which included Principal Administrative Secretary at the office of the President Kennedy Kihara asked him to alter results of the election to force a run-off in the event he was unable to declare Odinga the winner.
Other members of the delegation were Solicitor General Kennedy Ogeto, Inspector General of Police Hillary Mutyambai and Lieutenant General Francis Omondi Ogolla (Vice Chief of Defence Forces).
Senior Counsel George Oraro who appeared on behalf of then Attorney General Kihara Kariuki at the Supreme Court confirmed the meeting but said its agenda was miscounted.
The AG is reported to have indicated that skirmishes between the Kikuyu and Luo communities had already started “in several slums including Kibera and Mathare on the basis of alleged ‘betrayal by the kikuyu’.”
“The second part of the message from the NSAC delegation was that if we cannot announce Raila Odinga as the outright winner, then we must ensure that there is a runoff,” Chebukati submitted at the time.
Nation