Tribunal probing IEBC commissioners is illegal – Kalonzo

Wiper leader says anything they are trying to do is void, ab initio.

In Summary
  • Kalonzo said the Justice and Legal Affairs Committee that recommended President William Ruto sets up a tribunal to probe the commissioners acted out of ignorance of the law.
  • His sentiments come about a month after Ruto appointed High Court Judge Aggrey Muchelule to chair a tribunal that will investigate the embattled IEBC Commissioners.
Wiper Party leader Kalonzo Musyoka
Wiper Party leader Kalonzo Musyoka
Image: TWITTER

Wiper party leader Kalonzo Musyoka has said that the Tribunal investigating IEBC Commissioners is illegal.

Kalonzo said the Justice and Legal Affairs Committee that recommended President William Ruto sets up a tribunal to probe the commissioners acted out of ignorance of the law.

He said the matter involves an Independent Commission and Parliament had no mandate recommending the Justice Muchelule-led Tribunal and anything they do is void.

"That Tribunal is illegal in my view because you are dealing with an independent commission under the Constitution. Therefore it is not within the province of parliament to set up a tribunal which is what they did in utter ignorance perhaps of what the law is," Kalonzo said.

"Therefore anything they are trying to do is void, ab initio." 

His sentiments come about a month after President William Ruto appointed High Court Judge Aggrey Muchelule to chair a tribunal that will investigate the embattled IEBC Commissioners.

Ruto also appointed Carolyne Kamende Daudi, Linda Gakii Kiome, Mathew Njaramba Nyabena, Col (Rtd.) Saeed Khamis Saeed as members of the tribunal.

Kibet Kirui Emmanuel, Irene Tunta Nchoe have been appointed joint secretaries.

The tribunal's lead counsel will be Peter Munge Murage who will be assisted by Zamzam Abdi Abib.

In an interview with TV47, Kalonzo commended commissioner Irene Masit for standing her ground.

He said she will be remembered as a hero for choosing to be heard, despite three other Commissioners resigning.

"They should have stood their ground," he said.

The three include IEBC vice chairperson Juliana Cherera, Justus Nyangaya and Francis Wanderi.

The four rebel Commissioners had disagreed with outgoing IEBC chairman Wafula Chebukati's announcement of William Ruto as president-elect, following the August 9, 2022, presidential election.

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