4 petitions Presented to the National Assembly for the removal of 4 IEBC Commissioners
Four petitions were presented to the National Assembly on Tuesday 15th for the removal of 4 IEBC commissioners namely Juliana Cherera, Francis Wanderi, Justus Nyang’aya & Irene Masit.
The Republican Party filed the first petition, claiming that the four had broken the law when they held a press conference rejecting the presidential results on the grounds that the commission's chair had performed the verification and tallying procedure in an opaque manner.
If a reason for removal is revealed, it will be up to a tribunal that the President will establish to investigate and verify the claims made in the petition.
Wetang'ula ordered the petition to be heard by the National Assembly's Justice and Legal Affairs Committee.
“The committee has 14 days within which to submit a report to the House as required under the Standing Orders. Once the committee table the report, the House will have 10 days to decide whether or not the petitions contain valid grounds for removal of the commissioners,” he said.
The Rev. Dennis Nthumbi's petition, the other, accused the four of acting partially and unfairly by accepting the suggestion to change the results of the presidential elections in favor of one candidate or, alternatively, to compel a run-off.
The 4 IEBC commissioners namely Francis Wanderi, Juliana Cherera,Irene Masit & Justus Nyang’aya during a presser meeting at Serena hotel grounds on August 15th, 2022.PHOTO FILE
The petitioner further charges the four with disowning the presidential election results, despite the fact that they took part in the counting and verification of the results.
“They accepted a proposal to alter the results of the election to subvert the will of the people of Kenya contrary to the Constitution,” reads the petition.
The third petition, which was submitted by the Farmers Party, also called for the removal of the commissioners for allegedly attempting to undermine the General Election on August 9.
The four allegedly tried to rig an election, which was seen on August 15, 2022, in Bomas, Kenya, according to the party.
“The petition by Farmers Party expresses the conduct of the commissioners as being a gross violation of the Constitution and a breach of their oath, which denies the four commissioners their legitimacy to hold the State offices as commissioners of the IEBC,” the petition reads in part.
The group's dispute with IEBC chairperson Wafula Chebukati and subsequent exit during the declaration of results on August 15 allegedly violated the law and their roles as public officials, according to the party, which is represented by Chege and Sang Company Advocates.
“On August 15, Juliana Whonge Cherera, Irene Massit, Justus Nyang’aya & Francis Wanderi, being commissioners to the Independent Electoral and Boundaries Commission, in utter breach of their oath of office, walked out of the national tallying centre with a sensational claim that the Presidential Elections were opaque,” reads the petition.
“The mentioned commissioners’ conduct was intended to bring out contempt or disaffection and in fact excited disaffection and cast aspersion towards the IEBC mandate as established by the Constitution of the Republic of Kenya.”