A tribunal has really helpful dismissal of IEBC Commissioner Irene Masit. PHOTO | WACHIRA MWANGI | NMG

A tribunal appointed by President William Ruto to research the suspended commissioner of the electoral physique Irene Masit has really helpful her removing for gross misconduct.

Ms Masit was one in all 4 commissioners who rejected final 12 months’s presidential election outcomes.

The tribunal chaired by Courtroom of Enchantment choose Aggrey Muchelule stated her actions on August 15, 2022 to comply with the proposal by two delegations to the Impartial Electoral and Boundaries Fee (IEBC) to reasonable the results of the presidential election in favour of Raila Odinga was gross misconduct.

The tribunal stated proof introduced earlier than them indicated that the proposal would have compelled a presidential re-run and that the 4 commissioners, together with Ms Masit had been promised a reward.

“…this Tribunal recommends … that Commissioner Irene Cherop Masit be faraway from workplace as a member of the Impartial Electoral and Boundaries Fee,” the tribunal stated.

‘Improper affect’

The tribunal famous that two delegations comprising members of the Nationwide Safety Advisory Council (NSAC) led by Kennedy Ogeto (then Solicitor Common), Hillary Mutyambai (then Inspector Common of Police), and Lieutenant Common Francis Omondi Ogolla (Vice Chief of Defence Forces) and one other comprising of “Elders” led former Cupboard Secretary Raphael Tuju visited all of the commissioners and requested them to reasonable the outcomes or within the various pressure a run-off.

“Secondly, the actions by the commissioners to proceed to Serena (lodge) to difficulty the presser to disown the consequence that she had participated in tallying and verifying had been meant to undermine and erode public belief within the fee and to the consequence. In our thought-about view, these actions amounted to gross misconduct,” the tribunal stated.

Three different commissioners –Juliana Cherera (former vice chairperson), Francis Wanderi and Justus Nyang’aya — opted to resign than face the tribunal.

Article 251 (6) says the advice of the tribunal is binding to the President, who shall act in accordance inside 30 days.

The tribunal stated the actions of Ms Masit had been in critical breach of the Management and Integrity Act and gross misconduct. The tribunal, nevertheless, stated her actions don’t quantity to incompetence.

The tribunal stated that Ms Masit was duty-bound to conduct free and truthful elections, free from intimidation, improper affect or corruption.

“The actions by Commissioner Irene Masit clearly present that she was amenable to improper affect and that she couldn’t be trusted to be an neutral and impartial arbiter. As soon as once more, she was responsible of gross misconduct,” the tribunal dominated.

The 4 commissioners had been accused of agreeing to intrude with the presidential election outcomes and later addressed the press on the Nairobi Serena Resort, denouncing the presidential consequence.

The tribunal stated the 4 commissioners participated in tallying and verifying the outcomes but filed affidavits in opposition to IEBC within the elections Supreme Courtroom case.

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