Tribunal Recommends Ouster of Suspended IEBC Commissioner Irene Masit

The tribunal probing the conduct of the ‘Cherera Four’ has recommended their removal from office.

In a report to President William Ruto, the Justice Aggrey Muchelule-led team informed President William Ruto that it had discovered serious constitutional violations committed during the 2022 elections by suspended Commissioner Irene Masit and her former colleagues Vice Chairperson Juliana Cherera, Commissioners Justus Nyang’aya, and Francis Wanderi.

“It is our finding that Commissioner Irene Masit’s actions of 15th August 2022 of agreeing to the proposal by the two delegations to moderate the result of the Presidential Election to enable a re-run with the promise that there would be a reward if this was done amounts to gross misconduct on her part,” the tribunal said.

It added that “the actions by the Commissioners to proceed to Serena to issue the presser to disown the result that she had participated in tallying and verifying were intended to undermine and erode public trust in the commission and to the result. In our considered view, these actions amounted to gross misconduct.”

Read: IEBC Commissioner Irene Masit Alleges She Was Threatened to Quit

The tribunal found that she violated Articles 10, 73 (2) (b), 75, 232, 41 249 of the Constitution of Kenya 2010; Sections 9, 26, and 30 of the IEBC Act 2011; Sections 7, 8, 9, 10, 11, 16 and 24 of the Leadership and Integrity Act 2011; and Sections 8, 9, 10, 12, 16 and 17 of the Public Officer Ethics Act 2003.

The tribunal noted that two delegations, one made up of “Elders” and led by former Cabinet Secretary Raphael Tuju, visited all the commissioners and asked them to moderate the results or, in the alternative, force a run-off.

The delegation also included members of the National Security Advisory Council (NSAC) Kennedy Ogeto, then-Solicitor General, Hillary Mutyambai, then-Inspector General of Police, and Lieutenant General Francis Omondi Ogolla, Vice Chief of Defence.

The tribunal’s recommendation is binding on the President, who must act on it within 30 days, in accordance with Article 251(6).

Read Also: Masit Was On Board with Plan To Interfere with Election Results – Chebukati

The tribunal ruled that Ms Masit’s actions were a grave violation of the Leadership and Integrity Act. Yet, the panel determined that her acts did not constitute incompetence.

According to the tribunal, she had a duty to hold free and impartial elections that were free from coercion, unlawful influence, or corruption.

“The actions by Commissioner Irene Masit clearly show that she was amenable to improper influence and that she could not be trusted to be an impartial and neutral arbiter. Once again, she was guilty of gross misconduct,” the tribunal ruled.

Meanwhile, President Ruto has appointed nominees for the selection panel for the recruitment of IEBC commissioners.

Read Also: Ruto Tears into Raila Over Alleged Visit by Ex-IEBC Officials

In a gazette notice, Dr Ruto appointed the seven members that will lead the recruitment of nominees for appointments as the chairperson and members of IEBC commissioners.

They include Bethuel Sugut and Novince Euralia Atieno from the Parliamentary Service Commission. The Political Parties Liaison Committee will be represented by Evans Misati James.

The Law Society of Kenya member is Benson Ngugi Njeri of Igeria and Ngugi advocates.

Others are Charity Kisotu, Nelson Makanda and Fatuma Saman.