3 Ways to Remove Wafula Chebukati, Abdi Guliye & Boya Molu From IEBC

  • Calls for Independent Electoral and Boundaries Commission (IEBC) Chairperson Wafula Chebukati to resign along with commissioners Abdi Guliye and Boya Molu have intensified in recent days, potentially setting the stage for their removal from office. 

    The resignation of commissioners Margaret Mwachanya, Connie Maina (Vice-Chair) and Paul Kurgat on April 16, coupled with that of Roselyn Akombe ahead of the repeat Presidential election in 2017, has left a shell of a commission unable to transact business due to lack of quorum.

    Political players from both sides of the divide have demanded that the commission be overhauled, leaving three options on the table for the removal of Chebukati, Guliye and Molu.

    According to the 2010 Constitution, for an IEBC official to be ousted they must have either violated the Constitution, committed gross misconduct, lack the physical or mental capacity to perform functions of office, displayed incompetence or declared bankrupt.

    The options to remove the remaining commissioners are; creating a tribunal to investigate the commission, piling intense pressure forcing them to resign or entering into negotiations with the trio to have them resign voluntarily.

    [caption caption="Paul Kurgat, Margaret Mwachanya and Connie Maina"][/caption]

    Jubilee-allied lawmakers such as Senate Majority Leader Kipchumba Murkomen had earlier announced a push for a tribunal to be put in place but reportedly shelved the idea after receiving advice from experts.

    It is understood that setting up a tribunal will be tedious, time-consuming and expensive due to the allowances involved.

    The key reason for putting the plan on hold, however, is the fact that once the matter is before a bipartisan tribunal no single outcome can be guaranteed.

    The option to pile pressure on the commissioners also appears doomed to fail as it is likely they will stay put unless a settlement is negotiated or they go before a tribunal.

    It is also understood that there might not be enough evidence to prove that Chebukati and the remaining commissioners failed to perform their duties as mandated by law.

    A negotiated settlement could see the commissioners offered a financial package also known as a 'golden handshake' to have them resign paving the way for a new team to take over.

    [caption caption="Former IEBC Vice-chair Connie Maina with Chairperson Wafula Chebukati"][/caption]