• Her preliminary objection comes just hours before the Committee starts hearing the petitions on Thursday.
• Four petitioners want Masit and three of her dissenting colleagues removed from office for gross misconduct and violation of the Constitution.
Image: FILE
Besieged IEBC commissioner Irene Masit has filed a preliminary objection seeking to stop the Legal and Justice Affairs Committee from hearing four petitions that want her and three of her colleagues removed from office.
Her preliminary objection comes just hours before the Committee starts hearing the petitions on Thursday.
Petitioners Geoffrey Langat, Steve Gerry, Dennis Nthumbi and the Republican Liberty Party want the four dissenting IEBC commissioners removed from office for gross misconduct and violation of the Constitution.
Commissioners Masit, Justus Nyang'aya, Francis Wanderi and vice chair Juliana Cherera sharply and openly differed with chairman Wafula Chebukati and two other commissioners over the August 2022 presidential vote tallying and final results.
They denounced the results that gave William Ruto victory in the contest with Azimio’s Raila Odinga and exposed the deep rift at the electoral agency.
National Assembly's Legal and Justice Affairs Committee will begin hearing the petitions pushing for their removal Thursday beginning with submissions from Republican Liberty Party.
Cherera and Masit are lined up to face the committee on Monday, November 28, to respond to the petitions.
However, Masit has objected to the hearing of the petitions citing a lack of jurisdiction by the Legal and Justice Affairs Committee to handle the matter.
In her notice of objection to Clerk of the National Assembly Samuel Njoroge, Masit points out that the four petitions do not specify the exact constitutional provisions she contravened.
She further points out that the petitions do not have supporting affidavits and as such, are nothing more than hollow statements.
"The allegations set out in the petition don't warrant petitions for impeachment when alternative remedies are provided and available," Masit said.
The Commissioner further said the petitions are politically motivated, biased, hearsay, gossip and empty rhetoric which is neither supported by exhibit nor document or evidence.
Through lawyer Donald Kipkorir, Masit wants all four petitions against her struck out on grounds that they do not demonstrate any gross misconduct, incompetence or serious violation of the Constitution on her part.
"The petition is fatally defective for lacking constitutional, statutory and legal substratum. It's an egregious and violent violation of the Constitution and established law," Masit states.
She further states that the petitioners are seeking reliefs that are not proportionate to the allegations raised and neither does it give adequate notice of the nature and reasons for the proposed reliefs.