- The Tribunal recommended removal of Masit.
- Kaluma said the Tribunal verdict is an affront to independence on commissions.
Image: FILE
Ex-IEBC commissioners, some security chiefs and influential political elite could be in trouble following damning tribunal findings that they attempted to manipulate last year's presidential polls.
On Monday, the Aggrey Muchelule-led tribunal affirmed that, indeed, some members of the National Security Advisory Committee and political leaders asked IEBC to change elections results in favour of Azimio candidate Raila Odinga.
Four of the IEBC commissioners, the tribunal held, agreed with the request to alter the results.
Lawyers now say the findings could provide a legal avenue for investigations and prosecution of those adversely mentioned.
“The terms of reference for that tribunal were purely to get evidence for removal and that is why the recommendation is only one, but that does not stop any organ of government with investigatory powers like DCI, EACC from starting investigations based on those findings,” lawyer Danstan Omari told the Star.
“The threshold of evidence in a tribunal is much lower than in court of law, it is more of stories but it can be a basis to start further investigations. It can be used for political purposes but it cannot be used as evidence in a criminal court to charge anybody.”
The Justice Muchelule team found Masit guilty of serious violation of the Constitution and the law and asked President William Ruto to dismiss her from office.
The four commissioners who opposed Ruto's election are Masit, Juliana Cherera, Justus Nyang’aya and Francis Wanderi.
According to evidence tabled before the tribunal and which it adopted, five NSAC members visited the tallying centre at Bomas and persuaded the election chiefs to alter the results.
Those implicated include ex-Attorney General Kihara Kariuki, ex- Solicitor General Kennedy Ogeto, former Inspector General of Police Hillary Mutyambai and Vice Chief of Defence Forces Lt Gen Francis Ogolla.
Three politicians, Cabinet Secretary Raphael Tuju, Busia Senator Amos Wako and advocate Kyalo Mbobu also visited the tallying centre with the same mission.
Constitutional lawyer Bobby Mkangi says the tribunal on its own volition can hand its report to the investigative agencies for further action.
The city lawyer also noted anybody can move to court to lodge complaint based on the tribunal report and have the matter investigated.
“Somebody who wants them charged must move to a police station and put in a complaint, it then depends on what evidence that person has regarding whatever was exposed,” Mkangi told the Star on phone.
“If tribunal chooses to hand over the evidence to other institutions to look at it further, that will definitely strengthen anybody’s resolve towards taking further action.”
But Homa Bay Town MP Opondo Kaluma is calling for appeal against the tribunal’s verdict to protect holders of independent commissions from playing to the tune of the government of the day.
“For independent commissions to continue being independent and to remove this fear that their security of tenure can be interfered with, it would be good that Masit pursues this matter up to the Supreme Court to make it clear that you don’t just remove independent commissioners,” Kaluma said.
If the verdict goes unchallenged, Kaluma who is also a lawyer warned that members of independent institutions will not dare go against the government’s thinking.
-Edited by SKanyara