Suna East MP Junet Mohamed has condemned the Parliament for agreeing to discuss the removal of the four IEBC commissioners who disputed the 2022 president results.
Junet has come out to defend the controversial commissioners as he described the parliament’s move as an attempt to subvert the constitution.
“This is fake and an attempt to subvert the constitution and the standing orders of the National Assembly. Never resolved in the Justice and Legal Affairs Committee,” Junet wote on Monday.
This is fake and an attempt to subvert the constitution and the standing orders of the National Assembly. Never resolved in the justice and legal Affairs committee @NAssemblyKE pic.twitter.com/9RCcHVY9WX
— JUNET MOHAMED, CBS (@JunetMohamed) November 21, 2022
Four petitions have been filed in Parliament as part of plans to remove IEBC vice chairperson Juliana Cherera and her three counterparts Justus Nyang’aya, Irene Masit and Francis Wanderi.
The four commissioners disputed chairman Wafula Chebukati’s presidential results which declared William Ruto as the winner.
But Chebukati dismissed Cherera and her colleagues as he accused them of being Azimio sympathizers planted in the commission.
Justice and Legal Affairs Committee chairperson Hon. Gitonga Murugara, has scheduled hearings with the four petitioners seeking the removal of Cherera and the three from Thursday.
“It is notified for the information of the general public that the Departmental Committee on Justice and Legal Affairs shall commence hearings on the four petitions for the removal of commissioners of the IEBC from Thursday, November 24,” the National Assembly said.
One petitioner wants Chebukati and commissioners Abdi Guliye and Boya Molu who are set to retire in January to be removed over gross violation of the law.
The four petitions are Republican Party, Rev Dennis Ndwiga Nthumbi, Geoffrey Lang’at, and one Steve Gerry Owuor.
MPs and members of the Justice and Legal Affairs Committee will grill the four petitioners to decide whether President Ruto should form a tribunal to investigate them or not.
After tabling of the report, the House will have 10 days to decide whether the petition has valid grounds for the removal of one or all of the four commissioners.
Article 251 of the Constitution stipulates that commissioners can only be removed through a petition filed in Parliament and a tribunal formed by the President.
The Article also provides that the chairperson and commissioners, who are constitutional office holders, can only be removed over serious violation of the Constitution or any other law, contravention of Chapter Six, gross misconduct, whether in the performance of the member’s or office holder’s functions or otherwise, physical or mental incapacity to execute their duties, incompetence and bankruptcy.
“The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President, who shall act within 30 days,” reads Article 251 (6).
The Republican Party is accusing the four commissioners of violating the Constitution by rejecting the results. The party is claiming that the four failed to meet the integrity test of the office they hold, they brought dishonor and indignity to Kenya against the provisions of Article 71 of the Constitution.
Rev Nthumbi is going for the Cherera 4 over serious violation of the law, gross misconduct and incompetence. He claims that the officials showcased their impartiality and biased conduct after they attempted to alter the results in favour of Odinga.
“acting in liaison with one faction in a presidential election” and that they favored the proposals by the National Security Advisory Council (NSAC) to review the results which is against the law.
Apart from Junet, Minority Leader Opiyo Wandayi also wants the petitions rejected on the grounds that parliament can not discuss a matter that is still active in court.
“It has been the tradition that petitions touching on matters in court are not entertained. I don’t see the urgency we can wait for the matter to be concluded in the court,” said Wandayi.
