The tribunal investigating the conduct of four Independent Electoral and Boundaries Commission (IEBC) officials has recommended that Irene Masit be removed from office.
In a report publicised on Monday, the team led by Justice Aggrey Muchelule told President William Ruto it found that Ms Masit, who is one of the commissioners, and her former colleagues — Vice Chairperson Juliana Cherera, and commissioners Justus Nyang'aya and Francis Wanderi — were involved in serious violations of the Constitution during the 2022 elections.
“This Tribunal recommends that Commissioner Irene Cherop Masit be removed from office as a member of the Independent Electoral and Boundaries Commission,” the tribunal said in its report.
Ms Cherera, Mr Nyang'aya and Mr Wanderi resigned from their posts, ending the need for them to face the tribunal formed by President Ruto in December.
On Ms Masit, the tribunal said: "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."
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."
The team 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 established by President Ruto concluded its proceedings last week . Ms Masit did not present any witnesses in her submissions and maintained her innocence during the hearings.
The tribunal concluded the hearing of witness testimonies on January 23 after former IEBC chairman Wafula Chebukati testified against Ms Masit. He had narrated how Azimio Executive Director Raphael Tuju offered to bribe IEBC commissioners to block President Ruto’s victory.
Mr Chebukati claimed that the former Rarieda MP offered them monetary reward should the commissioners accept to moderate the presidential results in favour of Azimio presidential candidate Raila Odinga or at worst, force a re-run.
For his part, former Commissioner Prof Abdi Guliye testified that the "Cherera four" used to secretly meet at Anniversary Towers in Nairobi.
He said a press conference they held at Serena Hotel in Nairobi showed that there were other games at play that the other commissioners were not aware of. Prof Guliye said it took only 20 minutes for the four to be whisked away from the Bomas of Kenya to Serena Hotel and the fact that they concurred with individuals who allegedly approached IEBC in order to pressurise the commissioners to vary the results spoke volumes.
Ruto starts process of hiring new commissioners
Meanwhile, Dr Ruto has started the process of appointing a seven-member panel that will select six individuals to fill vacancies at the electoral agency.
In a Gazette notice released on Tuesday February 14, the Head of State declared the position of IEBC chairperson and five commissioners vacant, paving the way for the recruitment to start.
The law requires that the President declares such vacancies after the lapse of the Constitutional timeline after an amendment that has been assented comes into force.
Unlike his predecessor, Uhuru Kenyatta , who had influence in the team because most of the members were his appointees from the Parliamentary Service Commission (PSC), Dr Ruto’s influence was clipped by the court.
The PSC had four slots out of seven then. Following a court judgment and subsequent amendment of the law, the PSC will have two slots. However, Dr Ruto will have an indirect appointee from the Public Service Commission. It means he will have three members against four nominated by the civil society.
