Muchelule-led tribunal concludes hearings, to transmit verdict to Ruto

Muchelule-led tribunal concludes hearings, to transmit verdict to Ruto
February 20, 2023 | Suspended IEBC Commissioner Irene Masit confers with her lawyer Donald Kipkorir during a hearing at the Kenya Institute of Curriculum Development/COURTESY

NAIROBI, Kenya, Feb 20 — The Justice Aggrey Muchelule-led tribunal has concluded hearings on the removal from office of commissioner Irene Masit who was among four dissident commissioners in the electoral commission.

Masit faced the panel alone after former Vice Chairperson Juliana Cherera, Commissioners Francis Wanderi and Justus Nyang’aya opted to resign.

Justice Muchelule said Monday the tribunal will present its findings to President William Ruto once it finalizes on its recommendations.

“The law, the constitution and everything else says that we report to the appointing authority. I don’t think it says that we come here and we tell you what our recommendations is going to be,” Muchelule told Masit’s lawyer.

A total of six witnesses including retired IEBC Chairperson Wafula Chebukati and Commissioners Boya Molu and Yakub Guliye appeared before the tribunal to testify against Masit over her stance on alteration of last year’s presidential election results.

President William Ruto appointed the tribunal to investigate the conduct of Cherera, Nyang’aya, Wanderi and Masit following a recommendation by the National Assembly.

The tribunal heard that the Azimio Campaign, led by the National Security Advisory Council accompanied by Raila Odinga’s lieutenants Raphael Tuju and former Busia Senator Amos Wako, had lobbied the IEBC team led by former Chairperson Wafula Chebukati to moderate the final results and declare a run-off in the event that the Kenya Kwanza candidate William Ruto was leading.

Selection Panel to pick new commissioners

The conclusion of hearings on Monday came days after the Parliamentary Service Commission (PSC) begun the process of constituting the Selection Panel that will oversee the recruitment of the Chairperson and five Commissioners of the IEBC.

The six will replace Chebukati, Molu and Guliye who have since retired as well as Cherera, Nyang’aya and Wanderi who quit.

A public notice issued by the PSC Secretary Jeremiah Nyegenye stated that they will be seeking to fill the vacant position for two nominees meant to represent parliamentarians in the process.

Nyengene said interested applicants should hold a degree from a university recognized in Kenya and be Kenyan.

Due to the tight statutory timelines, the Senate Clerk pointed out that the applications should be submitted no later than Monday, February 27.

Nyengene’s notice came days after President Ruto declared six vacancies at the Commission.