The tribunal was mandated to consider and inquire into the allegations of serious violation of the Constitution and other relevant laws, gross misconduct and incompetence of former IEBC vice chair Juliana Cherera and commissioners Francis Mathenge Wanderi, Justus Abonyo Nyang’aya and Masit.
Even so, by December 9, 2022, three of the four Commissioners had resigned leaving Masit at the Commission.
Masit denied all of the allegations leveled against her and had retained the services of lawyer Donald Kipkorir to represent her before the tribunal. Kipkorir claimed Masit was the victim of a political witch-hunt and that she acted professionally and impartially during the election.
The tribunal, however, dismissed her defense, stating that she had failed to uphold transparency, accountability, and verifiability in her role as an IEBC commissioner.
The tribunal also stated that she had undermined public trust in the electoral body by engaging in unethical behavior.
“The findings derived from the investigations have satisfied the Tribunal that Ground Nos. (1 & 2) have been proved to the standard required to recommend, which we hereby do, that the remaining Commissioner Irene Cherop Masit be removed from office,” the tribunal said in a letter signed by Justice Muchelule.
The tribunal found that evidence proved that the Cherera Four did in fact act in serious violation of the constitution and the law.
Some of the law they are said to have violated include Articles 10, 73 (2) (b), 75, 232, 249 of the Constitution of Kenya 2010; Sections 9, 26 and 30 of the IEBC Act 2011, Sections 7, 8, 9, 10, 11, 16 and 24 of the Leadership and Integrity Act 2011.
Even so, the tribunal found that the actions of Commissioner Masit do not amount to incompetence.