Parliament to hear four petitions filed seeking removal of 4 IEBC Commissioners

After a stormy sitting, the 15-member Justice and Legal Affairs Committee (JLAC) in the National Assembly reached a consensus on Wednesday on the process and modalities of handling four petitions seeking the removal of four Independent Electoral and Boundaries Commission (IEBC) officials.

The four are commission Vice Chair Juliana Cherera and commissioners Irene Masit, Francis Wanderi and Justus Nyang’aya.

The four commissioners’ jobs are on the line, after the Republican party, Dennis Nthumbi, Geoffrey Langat and Owuor Steve Gerry petitioned for their removal on grounds of gross misconduct, abuse of office, violation of the Constitution and taking sides in the August 9th presidential race.

They are also accused of conspiring with top national security officials to alter the election results in favour of Azimio la Umoja One Kenya coalition contender Raila Odinga and trigger a run-off.

The four embattled commissioners, dubbed the ‘Cherera four’, walked out on IEBC Chairman Wafula Chebukati, accusing him of lone ranger tactics in the process of verifying the presidential results; allegations that were dismissed by the Supreme Court in its verdict on the consolidated presidential election petition.

The JLAC will first hear the Republican party’s petition and allow for cross examination of the petitioners.

The second petitioner, Dennis Nthumbi, will also be allowed an hour to prosecute his petition followed by a cross examination session.

On Friday, petitioners Geoffrey Langat and Owuor Steve Gerry will be allocated an hour each to make their submissions followed by a similar amount of time for cross examination by lawyers representing the four commissioners.

The committee will then break for the weekend and resume sittings on Monday.

Cherera will have an hour to respond to allegations levelled against her, and the petitioners, through their lawyers will also have an opportunity to question her.

The afternoon session will be allocated to Masit to defend her job and an hour later, be cross examined.

On Tuesday, Wanderi and Nyang’aya will have their day to deal with allegations made against them by the petitioners.

National Assembly Speaker Moses Wetangula had on Tuesday directed the committee to ensure justice for the petitioners and respondents.

The committee had 14 days from Tuesday last week to handle the four petitions and submit a report to the House for the plenary to make a final determination on the fate of Cherera, Masit, Wanderi and Nyang’aya; an extension is now imminent.

Sources in the National Assembly have indicated that the majority side in the House was keen on conclusion of the ouster process before Members of Parliament proceed on Christmas recess.

If the House finds merit in the petitions, it will direct the president to establish a tribunal or tribunals to hear and determine the fate of the four commissioners.

They will be suspended pending the conclusion of the process. This would essentially leave the electoral body without commissioners, as Chairman Chebukati and commissioners Boya Molu and Abdi Yakub Guliye exit the stage in January at the lapse of their 6-year term at Anniversary Towers.