NO PARTY POSITION

Reprieve for four 'rebel' IEBC members

Senate drops Ruto man's motion to discuss commissioners' rejection of election results

In Summary
  • The four disowned presidential election results showing Ruto won, calling them "opaque".Party says it has no position on removal. 
  • Senates removal of motion a reprieve for commissioners who already face a separate removal bid in the National assembly.
Commissioners Justus Abonyo, Juliana Cherera, Irene Cherop and Francis Wanderi address the media at Serena Hotel on August 15
SERENA FOUR: Commissioners Justus Abonyo, Juliana Cherera, Irene Cherop and Francis Wanderi address the media at Serena Hotel on August 15
Image: FILE

A motion by President William Ruto’s ally to discuss the conduct of the four ‘rebel’ IEBC commissioners has been dropped in the Senate.

They rejected President-elect Ruto's win before it was declared by IEBC chairman Wafula Chebukati.  

Senators on Thursday were set to debate the motion, but the Senate business committee said it was removed from the order of business for the day.

The motion sought to discuss the conduct of IEBC chairperson Juliana Cherera, Justus Nyang’aya, Francis Wanderi and Irine Masit.

The four had disowned the presidential election results, about to be announced, that declared Ruto the winner of the August 9 presidential election, terming results "opaque".

The removal of the motion is a reprieve to the commissioners who face a separate removal bid in the National Assembly.

The Farmers Party, which is associated with Kenya Kwanza, has filed a petition in the National Assembly to kick-start the process to remove the commissioners.

The motion had already been approved by the Speaker and the House business committee for introduction in the House on Wednesday.

The order paper had indicated the motion would be sponsored by Majority leader Aaron Cheruiyot, although Nyandarua Senator John Methu had indicated he was behind the motion.

The motion condemns the actions of the  commissioners and seeks .

“The Senate calls upon the IEBC to effect the legal, policy and institutional reforms as recommended by the Supreme Court ruling on the presidential election petition,” the motion read in part.

The sponsor wanted the committee on Justice and Legal Affairs and the Human Rights committee to study the Supreme Court ruling and introduce legislation to seal existing loopholes at the IEBC.

However, the motion failed to be tabled on Wednesday after the House adjourned abruptly on Wednesday evening at the request of the minority wing to discuss the placement of its members of committees.

No party position

Nandi Senator Samson Cherargei, an ally of the DP, said  Kenya Kwanza had not agreed as a parliamentary group on whether to try to kick out the four commissioners

On Thursday, the motion was totally omitted from the order paper, indicating that it has been dropped altogether.

The Star established the motion was dropped at the request of Senator Cheruiyot, the Majority leader.

“Some of these things require a party to take a position. I am not aware the party has discuss it. I will step it down,” Cheruiyot told the Star on Wednesday.

Nandi Senator Samson Cherargei, an ally of the DP, said  Kenya Kwanza had not agreed as a parliamentary group on whether to try to kick out the four commissioners.

“We have not agreed as members of Kenya Kwanza on what position to take. We shall wait to see the prayers sought in the petition,” Cherargei said.

Already, opposition legislators had vowed to fight off any attempt to remove the commissioners, setting the stage for a fierce battle between the two camps.

“Such a motion will be unprocedural, illegal, and unlawful. Article 251 of the Constitution provides the procedure for removing a commissioner. There must be a tribunal,” Funyula MP Oundo Mudenyo said.

Nairobi Senator Edwin Sifuna said, “We cannot support such a motion. What is the basis?”

Minority leader Opiyo Wandayi dared the Kenya Kwanza team to bring on the petition, saying the Minority will fight any attempts to send the four home.

The Ugunja MP said the four commissioners were discharging their constitutional mandate and they should not be victimised.

“We shall vehemently oppose the petition,” Wandayi said.

(Edited by V. Graham)

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