Raila, Kalonzo, Karua present as public hearing on petition seeking removal of dissenting IEBC 4 begins

Written by on 24 November 2022

Azimio la Umoja-One Kenya coalition supremos Raila Odinga, Kalonzo Musyoka and Martha Karua are among the leaders who are attending a public hearing on a petition seeking the removal of four dissenting Independent Electoral and Boundaries Commission (IEBC) commissioners.

The public hearing is in response to a petition filed against IEBC Vice Chair Juliana Cherera alongside commissioners Justus Nyang’aya, Irene Masit and Francis Wanderi.

The four commissioners rejected presidential results announced by IEBC Chairperson Wafula Chebukati on August 15, saying the final tally was conducted in an ‘opaque’ manner.

Advocates for the commissioners are Apollo Mboya for Juliana Cherera, Jotham Arua for Justus Nyangaya, Donald Kipkorir for Irene Masit, Danstan Omari and Gichamba (confirm) for Francis Wanderi.

The proceeding is being conducted by National Assembly’s Justice and Legal Affairs Committee (JLAC) in line with National Assembly speaker Moses Wetang’ula’s directives.

“The four petitions now stand committed to the departmental committee on Justice and Legal Affairs for consideration. The work of the committee is to guide the house by way of comprehensive report on whether the petitions satisfy the grounds of removal of any or all of the cited members of a constitutional commission as set out in clauses 1 and 2 of article 251 of the constitution,” Wetang’ula stated.

Wetang’ula said the committee shall offer the affected commissioners an opportunity to respond to the petitions either orally or in writing. The committee is also expected to present a report to the House within 14 days.

Chaired by Tharaka Member of Parliament (MP) Gitonga Murugar, the committee will be meeting the first petitioner- a representative of the Republican Liberty Party.

The Republican Party states that the four commissioners, through their action of issuing a press statement rejecting election results failed to promote public confidence in the office that they hold, and brought dishonour to the nation and lack of dignity to the office contrary to article 73 (1) (a) of the constitution.

Other petitioners

Other petitioners include Denis Ndwiga, Owuor Steve Jerry, and Geoffrey Langat. The second petitioner, Dennis Ndwiga, argues that the commissioners violated the constitution by demonstrating partiality and biased conduct in agreeing with an alleged proposal to alter the results of the general elections in favour of one candidate or in the alternative to force a run-off contrary to article 10 (7) of the constitution.

He further accuses the four of agreeing to the incentives and giving in to the proposals by the National Security Advisory Council to alter the results of presidential elections.

Ndwiga argues that by accepting the alleged proposal to alter the presidential results, the four willingly subverted the will of the people of Kenya contrary to the constitution.

The petitioner bases his argument on claims by a section of the commission led by Chebukati and commissioners Boya Mulo and Abdi Guliye that there was an attempt by the National National Security Advisory Council to alter the results of the presidential election in favour of Azimio la Umoja – One Kenya coalition candidate Raila Odinga, who lost to President William Ruto.

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