Wetangula Initiates Process to Kick Out Cherera & 3 Commissioners

National Assembly Speaker Moses Wetangula during a past parliamentary sitting.
National Assembly Speaker Moses Wetangula during a past parliamentary sitting.
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National Assembly Speaker Moses Wetangula on Tuesday, November 15, tabled four petitions seeking to remove the four dissenting Independent Electoral and Boundaries Commission (IEBC) commissioners. 

The petitions are against the conduct of IEBC Vice Chairperson Juliana Cherera, Irene Masit, Justus Nyang'anya and Francis Wanderi in the management of the August elections.

Four petitioners namely the Republican Party, Dennis Nthumbi, Geoffrey Lagat and Owuor Steve accused the aforementioned commissioners of gross violation of law and bias hence recommending their removal. 

IEBC Vice Chairperson Juliana Cherera during an IEBC briefing at the Bomas of Kenya on Monday, August 1, 2022. (1).jpg
IEBC Vice Chairperson Juliana Cherera during an IEBC briefing at the Bomas of Kenya on Monday, August 1, 2022.
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Speaker Wetangula while apprising the house on the petitions directed the Justice and Legal Affairs Committee (JLAC) to evaluate the evidence adduced by the petitioners and subsequently advise the house. 

"I wish to convey to the House that my office is in receipt of four petitions, seeking the removal of commissioners of IEBC pursuant to the provisions of article 251 of the constitution," Wetangula stated. 

"The petition by the Republican Party; the petition seeks the removal from office of Juliana Cherera, Julius Nyang'aya, Irene Massit, and Francis Wanderi on the grounds of violation of the constitution and other laws," he added. 

The JLAC, as per the directive of the speaker, will serve the petitions to the four commissioners in question. 

Further, the Speaker directed that the commissioners should be afforded the right to choose between appearing before the committee or through representation by an attorney. 

The commissioners will also be at liberty to respond to the petitions either orally or in writing. 

If satisfied that the evidence presented before the house meets the threshold, the committee will recommend the creation of a tribunal by the President to probe into their conduct. 

This will be in accordance with the law which protects the tenure of persons holding constitutional positions. 

"Upon receipt of the petitions, the committee shall adopt a timetable for its consideration of the petition before it. The committee shall allow the commissioners at least seven days to prepare," Speaker Wetangula read. 

A section of members of parliament allied to the Azimio Coalition opposed the petitions over what they termed as contempt of court. 

The Leader of the Minority Opiyo Wundayi stated that the matter was active before the court and as such consideration would be a departure from the culture of respecting courts. 

However, Endebess lawmaker Dr Robert Pukose dismissed the claims by Wandayi arguing that the case before the court was about the hiring of lawyers and not the removal of the embattled commissioners. 

Undated photo of Parliamentary Public Accounts Committee (PAC) Chairman Opiyo Wandayi during a past press briefing.
Undated photo of Parliamentary Public Accounts Committee (PAC) Chairman Opiyo Wandayi during a past press briefing.
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