The tribunal appointed to consider a petition for removal of the Independent Electoral and Boundaries Commission (IEBC) commissioner Irene Masit delivered its verdict on Monday, February 27.
In a document seen by Kenyans.co.ke, the tribunal's Chairperson Justice Aggrey Muchelule recommended that Masit be removed from office.
"This Tribunal recommends to the President 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," the document read in part.
The tribunal found that Masit had committed two of the three offences listed by the petitioners who called for her ouster from IEBC.
"Having considered all the evidence tendered, the Tribunal finds that the allegations of serious violation of the constitution and the law and the allegations of gross misconduct against Commissioner Irene Masit have been proved to the required standard," the tribunal ruled.
In its ruling on gross misconduct, the Tribunal faulted the commissioner for agreeing to a proposal to moderate the result of the Presidential Election to enable a re-run with the promise of a reward.
Masit was found guilty of attempting to undermine and erode public trust in IEBC by proceeding to Serena to issue a press statement disowning the results despite participating in the tallying and verification.
However, Muchelule and his team refused to declare Masit incompetent explaining that it is not determined by one incident but a series of events that demonstrate a lack of ability and qualification to discharge the duties of the office.
The petitioners also wanted former IEBC Vice Chairperson Juliana Cherera and Commissioners Justus Nyang'aya and Francis Wanderi sacked.
However, the three tendered their resignation from office before the hearing of the petition began hence the cases were dropped.
Meanwhile, ex-Chairperson Wafula Chebukati, Moya Bolu and Prof Abdi Guliye stayed in office until the end of their term.
