By Kamadi Amata

The tribunal formed to consider the petition for removal of Juliana Cherera, Francis Wanderi, Irene Masit and Justus Nyang’aya from office as members of the Independent Electoral and Boundaries Commission (IEBC) has recommended that Masit be ousted.

The hearing of petitions ended last Monday, February 20, after the counsels representing both parties made their final submissions.

In its report to President William Ruto on Monday, the Justice Aggrey Mucheule-led tribunal said the allegations of gross misconduct levelled against Commissioner Masit were proved to the required standard.

In a report, Muchelule said the accusations facing the embattled IEBC commissioner were proven.

“Therefore, this tribunal recommends to Your Excellency, the President of the Republic of Kenya, pursuant to the mandate assigned vide Gazette Notice No. 14790 of December 2, 2022, and further in accordance and in compliance with Article 251 (1) and (6) that Commissioner Irene Cherop Masit be removed from office as a member of the Independent Electoral and Boundaries Commission,” the reports read in part.

Similarly, the tribunal said the concerns of serious violations of the Constitution during electoral period against the four commissioners had been proven.

“The actions by the Commissioners to proceed to Serena to issue the presser to disown the result that she had participated in tallying and verifying were intended to undermine and erode public trust in the commission and to the result. In our considered view, these actions amounted to gross misconduct,” the tribunal said.

Cherera – the former IEBC Vice-chair – together with Wanderi, Masit and Nyang’aya disputed the presidential election results declared by the IEBC Chairperson Wafula Chebukati on August 15, citing “opaqueness” in the manner they were arrived at.

After the Supreme Court later upheld the elections, petitions were filed challenging their suitability to hold office.

And although the probe was initially targeting all four commissioners now labelled the ‘Cherera four’, Masit’s colleagues all resigned before the hearings started, leaving her to face the tribunal.

The tribunal began its hearing on Masit on December 20.

She is among the four IEBC commissioners suspended from office by President William Ruto on December 2, 2022.

The others included former Vice-chair Juliana Cherera, and former commissioners Justus Nyang’anya and Francis Wanderi.