The tribunal tasked to investigate the four Independent Electoral and Boundaries Commission (IEBC) commissioners who rejected the August 2022 presidential polls has concluded its hearings and will reconvene on February 9 for final submissions.
High Court Judge Aggrey Muchelule and his team are expected to prepare and submit a report and make recommendations on whether or not the only remaining IEBC commissioner Irene Masit will be expelled from the commission.
The tribunal has heard testimonies from former IEBC Chairman Wafula Chebukati, commissioners Abdi Yakub Guliye and Boya Molu, Abdi Yakub Guliye, and CEO Marjan Hussein Marjan, General Manager of Yaya Apartments, as well as General manager of Serena Hotel.
The tribunal was formed to investigate four IEBC commissioners dubbed ‘Cherera 4’’ but three namely Juliana Cherera, Justus Nyangaya and Francis Wanderi have since resigned.
Commissioner Irene Masit, who is the only one yet to resign is appearing before the tribunal, fighting off allegations of violation of the Constitution and gross misconduct.
Masit is also the only IEBC commissioner yet to leave office after Chebukati, Molu, and Guliye’s terms ended.
In his testimony, commissioner Abdi Guliye claimed that members of the National Security Advisory Council threatened them when they made a visit to Bomas.
“We were even threatened that should Kenyans begin to fight each other and blood is spilled, the blood of those Kenyans will be on our hands,” he said.
Guliye said the four, led by Principal Administrative Secretary at the Office of President Kennedy Kihara, Solicitor General Kennedy Ogeto, former Inspector General of Police Hillary Mutyambai, and Lt General Francis Omondi Ogolla the Vice Chief of Defence, went to see them in a bid to alter the will of the people.
“After we went to the boardroom, we did an introduction and they introduced themselves, led them by Kihara, and he was the only one who spoke,” Guliye said.
The former chairperson Wafula Chebukati alleged that Azimio la Umoja – One Kenya party Executive Director Raphael Tuju, ex-Busia senator Amos Wako and a lawyer introduced as Kyalo Mbopu came to his office at 3 am while presidential vote counting was underway, requesting him and the commission to moderate results to force a re-run.
Chebukati intimated that Tuju, at the tail end of his statement, offered a reward if their demands were met.
“He said that in the alternative, if it was not possible to moderate the results, then we should ensure that there is a runoff. Tuju said that we consider the request then we shall be rewarded. We did not encourage him to expound the reward.”
Chebukati said commissioner Masit asked the commission to consider the message by Raphael Tuju, Amos Wako and Advocate Kyalo Mbobu to modify presidential results in favour of Raila Odinga during the 3am meeting on August 15, 2022.
Lawyer Donald Kipkorir who is representing Masit termed any allegation of incompetence against Commissioner Irene Massit as “wild imagination”
The tribunal will have to wade through the testimonies from the commissioners and determine whether the actions of Irene Masit, rise to the level of gross misconduct or not.
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