Cherera, Masit oppose inclusion in case against tribunal appointed by President Ruto

Former IEBC Vice Chairperson Juliana Cherera and embattled commissioner Irene Masit have opposed their inclusion in a petition seeking to stop the operations of a tribunal appointed by President William Ruto to investigate gross violation of the Constitution allegations against them.

Through their lawyers Donald Kipkorir and Apollo Mboya, Cherera and Masit told Meru High Court Judge Edward Muriithi that they were focusing on a similar case filed in Nairobi.

They asked Judge Muriithi to discharge them from the petition filed by three Meru County residents; Kiogora Munjuri, Godfrey Kinoti and Joshua Mwirigi.

In the petition, the trio, through their lawyer Kiogora Mugambi, have listed the National Assembly, the Justice Aggrey Muchelule tribunal and Attorney General Justin Muturi as respondents.

Cherera and Justus Nyang’aya, who also resigned from the commission, as well as suspended commissioners Irene Masit and Francis Wanderi were named as interested parties.

The three petitioners are seeking orders to stop the tribunal chaired by Appellate Judge Aggrey Muchelule from commencing sittings to, among other things, consider whether there was merit in four petitions filed by the Republican Party, Dennis Nthumbi, Geoffrey Langat and Owuor Steve Jerry, seeking the removal of the four IEBC commissioners who contested the August 9th presidential results and declaration of William Ruto as the country’s 5th Head of State.

They claim the procedure and reasons outlined for the removal of the four commissioners had a predetermined outcome and disregarded the pursuit of justice.

They now want the High Court to stop the tribunal’s process, arguing that the embattled commissioners were being hounded out of office in violation of the Constitution thereby taking the country back to the dark days.

"This is a pretty straightforward application; we don’t see why it should not be heard," Kiogora said, adding; “The Nairobi case doesn’t challenge the tribunal, we are. Let the matter proceed.”

But lawyers representing Cherera and Masit opposed the petition and want their clients exempted from the proceedings.

"We don’t know these petitioners, we don’t know who they are representing or what their interest is…this is not part of our strategy,” lawyer Kipkorir said.

He added: "There is another petition in Nairobi, we would rather focus on it and the tribunal."

The framing of the petitioners’ application triggered a legal showdown before Meru High Court Judge Edward Muriithi.

"Mr Kipkorir, you cannot have your cake and eat it…you want to be exempted from the application, but still, want me to make orders. Decide," Judge Muriithi said. 

"If it was a general application, we would not have a problem, but now it directly addresses and names our clients, which will jeopardize them,” Kipkorir replied.

Justice Muchelule’s tribunal will hold a status conference on Friday to, among other things, fix dates for hearings and confirm the manner of conducting them.

The Friday session will also confirm the witnesses who shall give evidence, the documents that will be used as well as the manner of service. Judge Muriithi issued directives to legal teams in the matter before him.

“This is a heavy matter, I cannot just make orders without hearing all the parties substantively. All documents must be served by Friday, then we meet here on Tuesday, argue the matter and I will make a determination so that the case in Nairobi will benefit from our input,” ruled the judge.

With Cherera and Nyang’aya opting out of the commission, Masit through her lawyer entered an appearance before the tribunal while Wanderi remains silent on his options; to resign like Cherera and Nyang’aya or face the tribunal that kicks off its sittings next week.