President William Ruto has terminated the appointment of Irene Masit as Commissioner of the Independent Electoral and Boundaries Commission (IEBC), following the tribunal’s recommendations.
In a gazette notice dated Wednesday, March 1, Ruto stated that the move was a result of recommendations given by a tribunal chaired by Justice Aggrey Muchelule.
According to the notice, the law determined that the conduct of Masit and the circumstances surrounding her actions were so grave that the only cause of action was termination of her tenure as a state officer.
"I note that the litany of gross violations of the constitution by Irene Cherop Masit as enumerated in the report of the tribunal meet the required threshold for the removal from office of the subject state officer.
“The tenure in office of Irene Cherop Masit as a Member of the IEBC be and is terminated with immediate effect," the notice read in part.
The president further announced a vacancy in the position occupied by Masit in IEBC.
“ In Exercise of the powers conferred by the Independent Electoral and Boundaries Commission, I, William Samoei Ruto, President and Commander in chief of the Kenya Defence Forces, declare a vacancy in the position of the sixth member of the Independent Electoral and Boundaries Commission," the notice stated.
In the report prepared by the tribunal, Masit was to be removed on two grounds of serious violation of the constitution and the law as well gross misconduct.
In a statement after receiving the report on February 28, Ruto stated that the decision was binding given the responsibilities bestowed upon him in the 2010 Constitution of Kenya.
Masit was investigated for gross misconduct in office after allegations that she was part of a group of four former Commissioners including Justus Nyang'aya, Juliana Cherera, and Francis Wanderi, who attempted to overturn the will of the people 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 tribunal's statement in part.
Additionally, the tribunal further demanded the dismissal of former IEBC Vice Chairperson Juliana Cherera, and Commissioners Nyang'aya and Wanderi.
However, the three had tendered their resignations from office before the petition hearing began, therefore the cases were dismissed.