Tribunal Recommends Removal of IEBC Commissioner Irene Masit from Office

The tribunal appointed to consider the petition for the removal of four Independent Electoral and Boundaries Commission (IEBC) commissioners Juliana Cherera, Francis Wanderi, Irene Masit and Justus Nyang’aya has submitted its report to President Ruto.

The tribunal, led by Justice Aggrey Mucheule, has recommended that Masit be removed from office, saying the allegations of gross misconduct leveled against her were proved beyond a reasonable doubt.

“Having considered all the evidence tendered, the Tribunal finds that the allegations on serious violation of the constitution and the law... against Commissioner Irene Masit have been proved to the required standard,” the tribunal said in its report.

It added: “Now therefore, this Tribunal recommends to Your Excellency, the President of the Republic of Kenya and Commander in Chief of the Defence Forces, pursuant to the mandate assigned vide Gazette Notice No. 14890 of 2nd December 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.”

Masit was the only commissioner who faced the tribunal in a bid to clear her name after the other three resigned from IEBC before the hearings commenced.

The four commissioners faced allegations of serious violation of the Constitution and other relevant laws, gross misconduct, and incompetence after they rejected the results of the August 9th, 2022, presidential election, terming them opaque.

Masit, who was represented by lawyer Donald Kipkorir, denied all the allegations leveled against her, arguing that she was a victim of a political witch-hunt and that she acted professionally and impartially during the election.

But the tribunal dismissed her defense, stating that she had failed to uphold transparency, accountability, and verifiability in her role as an IEBC commissioner. It also determined that she undermined public trust in the electoral commission by engaging in unethical behavior.