A tribunal constituted to probe the conduct of four commissioners of the Independent Electoral and Boundaries Commission (IEBC) has recommended the removal of Commissioner Irene Masit from office over violation of the constitution and gross misconduct.
In a report submitted to President William Ruto on Monday, February 27, the tribunal chaired by Court of Appeal judge Aggrey Muchelule said allegations that Commissioner Masit agreed to a request made by some members of the National Security Advisory Committee (NSAC) to moderate results in last year's presidential election were proved.
Further, the tribunal stated that the actions by Masit and her colleague to disown the presidential results announced by former IEBC chair Wafula Chebukati on August 15, 2022, amounted to gross misconduct.
"From the analysis of evidence on record, it is our finding that Commissioner Irene Masit’s actions of 15th August 2022 of agreeing to the proposal by the two delegations to moderate the result of the Presidential Election to enable a re-run with the promise that there would be a reward if this was done amounts to gross misconduct on her part," the report reads in part.
"Secondly, the actions by the Commissioners to proceed to Serena to issue the presser to disown the result that she had participated in tallying and verifying were intended to undermine and erode public trust in the commission and to the result. In our considered view, these actions amounted to gross misconduct.
"This Tribunal recommends to the President pursuant to the mandate assigned vide Gazette Notice No. 14890 of 2nd December 2022, and further in accordance and in compliance with Article 251(1) and (6) that Commissioner Irene Cherop Masit be removed from office as a member of the Independent Electoral and Boundaries Commission," the document added.
The tribunal, however, found that the actions of Commissioner Masit did not amount to incompetence.
Masit is the last commissioner standing after three of her colleagues led by former vice chair Juliana Cherera, Justus Nyang’aya and Francis Wanderu opted to resign rather than face the tribunal.
Chebukati and former commissioners Abdi Guliye and Boya Molu testified against Masit during the proceedings of the tribunal.
Masit's defence
In her defence last week, Masit accused the tribunal investigating her conduct of being motivated by politics rather than facts of law.
Masit, through lawyer Donald Kipkorir, claimed the tribunal lacked any legal basis or evidence to implicate her in a plot to tilt the outcome of the last presidential election in favour of the Azimio la Umoja candidate Raila Odinga.
“Chairman, in the book of Matthew 7:26-27 our Lord Jesus says, a foolish man builds his house on sand, when the rains and winds come it is swept away. The entire case before you my Lord is built on sand,” he said.
Kipkorir accused the tribunal of assuming the role of the prosecutor rather than of advising its appointing authority.
He further accused the lead counsel, Peter Munge of encroaching on the mandate of the tribunal instead of playing their role as the lead counsel.
The lawyer also took a swipe at the Muchelule tribunal, saying it had gone out of its way to own the witnesses who testified against Masit.
“Another mistake or error by this tribunal is owning the witnesses as your own, the witnesses belong to the prosecution… the lead counsel also erred in summoning only inculpatory witnesses,” claimed Kipkorir.
President Ruto appointed a tribunal to probe the officials in December last year even as he maintained that "rogue officials who put the nation in danger by subverting the democratic will of the people" must be held to account.
The Muchelule-led team comprised Carolyne Kamende Daudi, Linda Gakii Kiome, Mathew Njaramba Nyabena, and retired Colonel Saeed Khamis.
Others are Kibet Kirui Emmanuel, Irene Tuntu Neboe, Peter Munge Murage and Zamzam Abdi Abib.
