IEBC Commissioner Irene Masit terms Ruto’s probing tribunal a witch hunt
Embattled Commissioner of the Independent Electoral and Boundary Commission Irene Masit has expressed displeasure with the ongoing investigations by President William Ruto’s tribunal, terming it as a trial with a predetermined outcome.
In her preliminary objection, Masit listed 12 issues with the tribunal, including allegations that the tribunal and the National Assembly’s Justice and Legal Affairs Committee (JLAC) diverged from the initial petitions filed in parliament.
Masit, who has vowed to remain in the embattled commission, is one of four IEBC commissioners who have distanced themselves from the August 9 presidential election results, calling them opaque.
IEBC Vice Chairperson Juliana Cherera and Commissioners Justus Nyang’aya, and Francis Wanderi, have all resigned from the electoral body.
Masit’s concerns
Masit, through her lawyer, Donald Kipkror, stated that the materials filed with the tribunal are a complete departure from the petitions presented before the Parliamentary Departmental Committee, in violation of National Assembly Standing Orders Nos. 220, 223, and 230.
She further says, “In changing the character, details, and evidence of the Petition, the Tribunal violates Article 50(2) (b) of the Constitution and Section 4 of the Fair Administrative Action Act,” adding that the petitions were filed without supporting evidence.
According to Masit, the bolstering of the petitions by both the JLAC and the Tribunal shows that both have lost their impartiality.
Masit also argues that the Departmental Committee that was chaired by MP Gitonga Murungara, a member of the UDA’s legal team he never disclosed this fact, tainting the Committee’s findings with bias, irrationality, and impartiality.
She also took an issue with the Tribunal’s interpretation of “expeditious” as being time-bound instead of ‘substantial Justice”. She says the Constitution doesn’t give a Christmas Deadline.
“The urgency of the Tribunal to beat an unknown deadline is evidence of a pre-determined conclusion thus negating the bona fide of the Tribunal.”
According to Masit the entire process is a legal charade from inception to date and shows a disdain of the Constitution, Standing Orders, and established law.
President Ruto appointed High Court Judge Aggrey Muchelule to chair a tribunal investigating the embattled IEBC Commissioners.
Carolyne Kamende Daudi, Linda Gakii Kiome, Mathew Njaramba Nyabena, and Col. (Rtd.) Saeed Khamis Saeed were also named to the tribunal by Ruto.
Kibet Kirui Emmanuel and Irene Tunta Nchoe were named joint secretaries, with Peter Munge Murage serving as the lead council member, assisted by Zamzam Abdi Abib.
The Tribunal will reconvene on Tuesday, December 20, and is expected to receive CCTV footage that will shed more light on whether or not senior officials from Azimio One Kenya met with the ‘Cherera Four’ prior to election results announcement.
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