A petition has been lodged at the National Assembly seeking to initiate the removal of four Independent Electoral and Boundaries Commission (IEBC) commissioners over allegations of gross misconduct and incompetence.
The commissioners are Juliana Cherera, Francis Mathenge Wanderi, Justus Ngang'aya and Irene Cherono who rejected presidential election results declared in favour of William Ruto on Monday, August 15.
In the petition, which was addressed to the National Assembly clerk and stamped as received by the assembly's Main Records Unit, the two lawyers; John Wangai and Kevin Kiarie want the four commissioners removed from office for violation of the Constitution, Election laws and other enabling provisions of the laws.
"That in accordance with Article 119 which encapsulates that every person has the right to petition Parliament to consider any matter within its authority, the honourable house should initiate removal from office proceedings against the four IEBC commissioners in accordance with Article 251 and 88 on grounds of serious violation of the Constitution of Kenya 2010, the Election Act 2011, the IEBC Act 2011, the elections laws (amendment) Act 2016, Election Offences Act 2016, the Political Parties Act 2011 and all other enabling provisions of the law, gross misconduct and incompetence," the lawyers state.
Petitioners say commissioners fully participated in election process
The lawyers say that the said commissioners were announcing constituency results all through and therefore their claims of not being involved in the whole process is a fallacy and their actions were unpatriotic and violated, infringed and threatened the oath of office they swore to protect and defend the constitution and all other enabling provisions of the law.
The petitioners further state that the four commissioners who distanced themselves from the final presidential results are not a threat to the legality of the results as announced by the IEBC Chairman Wafula Chebukati.
"That the returning officer Wafula Chebukati declared the results in accordance with the constitution and all relevant laws of the land," the two lawyers say.
The petitioners further inform parliament that the request for the removal of the four commissioners is not pending before any court of law or other constitutional or legal body.