Farmers Party petitions Parliament for removal of 4 IEBC Commissioners

According to the party, the petition dated 9th September accuses Vice Chairperson Juliana Whonge Cherera, Commissioners Irene Massit, Justus Nyang’aya, and Francis Wanderi of gross misconduct and violation of the law.

“Farmers Party has presented to the National Assembly, in line with Article 251 of the Constitution, a petition for the removal of 4 commissioners of the IEBC following the attempt by the said Commissioners to sabotage an election process as witnessed on 15th August 2022, at Bomas of Kenya,” read the statement.

“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 4 commissioners their legitimacy to hold the state offices as commissioners of the IEBC.”

The party through Chege and Sang Company Advocates claims that the quartet’s disagreement with IEBC chairperson Wafula Chebukati and later walking out during the announcement of results on the 15th of August contravenes the law and their role owing to the fact that they hold a public office.

“On 15th August 2022, Juliana Whonge Cherera, Irene Massit, Justus Nyan'gaya & Francis Wanderi being Commissioners to the Independent Electoral & 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,” read a section of the petition.

“The mentioned commissioner's conduct was intended to bring out contempt or disaffection and in fact excited disaffection and tasted aspersion towards the IEBC mandate as established by the Constitution of the Republic of Kenya.”

The fold which is affiliated with President-elect William Ruto-led Kenya Kwanza coalition further argues that the aftermath that saw the commissioners participate in the Supreme Court petition to have the elections nullified was a ploy to subvert the will of the people.

“The commissioners proceeded with their treacherous scheme in. the Supreme Court and swore affidavits based on falsehoods, a fact which the Supreme Court noted in its decision of 5th September 2022,” stated the petition.

“…Commissioners' conduct, therefore, had the effect of subverting the will of the people and consequently in violation of the express provisions of Articles 1, 2, 73, 74, 138 and 140 of the Constitution.”

This petition follows other Kenya Kwanza coalition members' submissions to have the four commissioners compelled to step down.