- According to the tribunal's findings, Masit was ineligible and disqualified from holding office.
- However, the tribunal said that on their appointment, they are not mandated to deal with issues touching on eligibility, recruitment and appointment of the Commissioner.
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Justice Aggrey Muchelule-led tribunal on Monday recommended the removal of IEBC commissioner Irene Masit.
In its report, the tribunal said that from the analysis of the evidence, commissioner Masit's actions amounted to gross misconduct.
"By Masit agreeing to the proposal by the two delegations to moderate results of the presidential election to enable a re-run with the promise that there would be a reward if this was done amounts to gross misconduct on her part," the tribunal said.
The tribunal said that actions by the Commissioners to proceed to Serena to issue the presser to disown the result that she had participated in tallying and verifying were intended to undermine and erode public trust in the commission and in the result.
"In our considered view, these actions amounted to gross misconduct," the tribunal said.
According to the tribunal, the commissioner was duty-bound to conduct free and fair elections that are free from any intimidation, improper influence or corruption.
They said elections were to be conducted independently, transparently and administered in an impartial, neutral, efficient, accurate and accountable manner.
"The actions by Commissioner Masit clearly show that she was amenable to improper influence and that she could not be trusted to be an impartial and neutral arbiter which showed she was guilty of gross misconduct," the tribunal said.
According to the tribunal's findings, Masit was ineligible and disqualified from holding office.
"Masit had contested for elections in the 2017 General Elections and five years had not lapsed at the time she was subsequently appointed on September 21 2021, which was in violation of the Constitution," the tribunal said.
However, the tribunal said that on their appointment, they are not mandated to deal with issues touching on eligibility, recruitment and appointment of the Commissioner.
"As we deal with this issue, we are reminded of our mandate under Article 251 of the Constitution and the Gazette Notice No. 14890 appointing this Tribunal. In our respectful view, our mandate is limited to whether or not the Commissioner should continue serving as a member of the IEBC," the tribunal said.
The tribunal said that the actions of the Commissioner do not amount to incompetence.
Muchelule said the accusations facing the embattled IEBC commissioner were proven.
"Therefore, this tribunal recommends to Your Excellency, the President of the Republic of Kenya, pursuant to the mandate assigned vide Gazette Notice No. 14790 of December 2, 2022, and further in accordance and in compliance with Article 251 (1) and (6) that Commissioner Irene Cherop Masit be removed from office as a member of the Independent Electoral and Boundaries Commission," the reports read in part.