A section of politicians allied to the Azimio la Umoja one Kenya Coalition Party have been calling for the Independent Electoral and Boundaries Commission (IEBC) Chairman, Wafula Chebukati, to vacate office after he announced William Ruto as the president-elect.
However, removing the chairperson of the IEBC from office is not a direct process as it calls for adherence to a robust legal process since Chebukati's role is protected by the constitution.
Article 251(2) of the Constitution states that a person desiring the removal of the Chairman may present a petition to the National Assembly setting out the alleged facts constituting that ground.
This shall be followed by the National Assembly considering the petition and, if its satisfied with the grounds set, the matter shall be forwarded to the President for consideration.
"The National Assembly shall consider the petition and, if it is satisfied that it discloses a ground, shall send the petition to the President," the Constitution states.
The law also states that after the President receives the petition, he/she will form a tribunal which shall be tasked with investigating the Chairman over the allegations tabled.
Setting up a tribunal is usually a heavy task, time-consuming and expensive due to the allowances involved. Once the matter is before a bipartisan tribunal, no single outcome can be guaranteed.
Article 251 (5) states that a tribunal shall consist a person who holds or has held office as a Judge of a superior court, who shall be the chairperson.
"At least two persons who are qualified to be appointed as High Court judges, and one other member who is qualified to assess the facts in respect of the particular ground for removal."
The tribunal shall be tasked with investigating the matter and report the binding facts and make recommendations to the Head of State, who shall in return act on the matter within 30 days.
During the time of investigation, the Chairman would have been suspended from office at a time when he shall be entitled to half of the remuneration and benefits of the office.
Recruiting an IEBC chair is lengthy and involves the Public Service Commission (PSC) advertising for the position. This, according to constitutional lawyer Bob Mkangi, is followed by shortlisting, interviews and appointment.
"That is what Azimio want but it is not possible to have Chebukati out of the Commission should the Supreme Court order for a re-run. Its not possible because of constitutional time frame that is given by the constitution to conduct a re-run which is 60 days," Mkangi stated.
