President William Ruto indicated that Commissioner Irene Masit would be removed the office following the recommendations of Justice Aggrey Muchelule-led Tribunal on her conduct during the 2022 General Election.
In a communique by State House Spokesperson Hussein Mohamed on February 28, Ruto received the full report, which found Masit guilty of gross misconduct.
The decision was explained to be binding given the responsibilities bestowed on Ruto in the 2010 Constitution of Kenya.
"Having reached a conclusion, the tribunal, therefore, recommends that Commissioner Masit be removed from the office of the IEBC commissioner.
"In accordance with (6) of the Constitution, the tribunal's recommendation is binding on the President. Accordingly, the Head of State and Government shall act in accordance with the recommendations," read the statement in part.
However, the President did not indicate when the removal would be effected.
According to Article 251, on removing members of a commission from office, Ruto is expected to act on the recommendations of a tribunal within 30 days after receiving the report.
"The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President, who shall act in accordance with the recommendation within thirty days.
"A person suspended under this Article is entitled to continue to receive one-half of the remuneration and benefits of the office while suspended," reads the Article in part.
Masit was investigated for gross violation of office owing to allegations that she was part of a team of three other former Commissioners - Justus Nyang'aya, Juliana Cherera and Francis Wanderi who attempted to subvert the people's will in the presidential elections.
"The tribunal is satisfied that the allegations of serious violation of the Constitution and other laws, and gross misconduct have been proved to the required standard and qualifies a recommendation for the removal from office of Commissioner Masit," read the statement in part.
Initially, the four were to be investigated. However, Cherera, Wanderi and Nyang'aya tendered their resignation before the Tribunal commenced its hearings.
Those who testified during the hearings were former IEBC officials, including Wafula Chebukati, and Abdi Guliye, among other officials from an apartment the Cherera four stayed after dissenting against the election victory of Ruto.
