JLAC TO TABLE REPORT ON 4 IEBC COMMISSIONERS PETITIONS ON THURSDAY
Some members of the committee during their sitting last week.
By Our Correspondents
Worth Noting:
- While appearing before the Committee, the third petitioner Mr. Langat was put to task, for asserting that the beleaguered Commissioners ought not to have aired their reservations on the manner the presidential vote tally was conducted.
- The fourth Petitioner Lawyer Owuor Steve Gerry cited issues to do with the 4 Commissioners being incompetent based on their computation of the 50+1 votes for the final presidential vote tally, without inclusion of the rejected votes.
- On Thursday, the Committee considered submissions from the Republican Party, which was represented by lawyer Kennedy Mong’are and Rev. Dennis Ndwiga Nthumbi. Serious violation of the Constitution, gross misconduct and incompetence are the some of the grounds with which the 2 petitioners cited for the ouster of the quartet.
A parliamentary report on Petitions calling for the removal of four Independent Electoral and Boundaries Commission (IEBC) will be tabled in parliament on Thursday.
This is after the House Committee, chaired by George Gitonga Murugara of Tharaka heard submissions from the third and fourth petitioners, Lawyers Geoffrey Langat and Owuor Steve Gerry, before cross-examining the duo.
The petitioners are seeking the removal from office of IEBC Vice Chair Ms. Juliana Cherera and her fellow Commissioners; Ms. Irene Masit; Mr. Justus Nyang’aya and Mr. Francis Wanderi.
While appearing before the Committee, the third petitioner Mr. Langat was put to task, for asserting that the beleaguered Commissioners ought not to have aired their reservations on the manner the presidential vote tally was conducted.
“Do you know we have freedom of speech in this country? Are you saying it was wrong for the Commissioners to speak out?” asked the Committee chair, Murugara.
“Yes, they have freedom of expression like any other Kenyan. But considering the office they hold, their freedom is limited,” explained Mr Langat, who was accompanied by his lawyer Nelson Mutai.
He added: “It was careless of them to go the press. They should have raised their dissent on the decision of their commission in the boardroom instead of going public.”
The fourth Petitioner Lawyer Owuor Steve Gerry cited issues to do with the 4 Commissioners being incompetent based on their computation of the 50+1 votes for the final presidential vote tally, without inclusion of the rejected votes.
“By using this logic to arrive at their final tally and thereby rejecting what was announced by the IEBC Chairman, it shows their inability to successfully administer an electoral process that is legally guided.” He reiterated.
The legal counsel also questioned the suitability of IEBC Commissioner Irene Masit to hold office, arguing that article 88(2)(a) of the constitution prohibits a person from being appointed a Commissioner for IEBC if that person contested in a period of less than 5 years, and of which she had contested for the Elgeyo Marakwet County Women Representative seat in 2017.
On Thursday, the Committee considered submissions from the Republican Party, which was represented by lawyer Kennedy Mong’are and Rev. Dennis Ndwiga Nthumbi. Serious violation of the Constitution, gross misconduct and incompetence are the some of the grounds with which the 2 petitioners cited for the ouster of the quartet.
The petitioners want Ms. Cherera, Ms. Masit, Mr. Nyang’aya and Mr. Wanderi to take personal responsibility of the serious violation of the electoral conduct in favour of one candidate in the August 9th election.
Responses and cross-examination of the four IEBC officials will be conducted this week with The IEBC Vice-chair Ms. Cherera and Ms. Masit will appearing before the Murugara-led Committee today.
Mr. Wanderi and Mr. Nyang’aya will be questioned by the committee members tomorrow.
Thereafter, the Committee will go for a retreat to prepare the report which is expected to be tabled in parliament on Thursday, the last day of sitting before the National Assembly goes for a recess until February next year.
Sources said, the National Assembly may be recalled in early December to deliberate the report.
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