Ruto tweet at centre of JLAC, IEBC Four tussle

President William Ruto’s tweet on IEBC Four played out during the deliberations of JLAC committee even as Commissioner Irine Masit snubbed the team claiming it has no jurisdiction over the matter before it.

In a letter written to the committee by her lawyer Donald Kipkorir, Masit said MPs ‘have no jurisdiction to entertain the petition.’

Masit indicated she will be moving to a constitutional court to argue her case.

Last week, Azimio boss Raila Odinga who attended JLAC's first sitting at County Hall told the four commissioners to boycott the hearings.

Committee chairman George Murugaru, however, said the letter by Kipkorir to the Clerk of the National Assembly was dated November 28.

He said Masit still has the option of filling written responses by close of business on November 29.

Gatanga MP Edward Muriu said Masit has the right to chose whether or not to appear before the committee.

"As she has explained, she is going to seek relief elsewhere. We have executed our role and can now leave it as it is," he said.

Mugirango South MP Sylvanus Osoro said the committee has timelines to deliver on in mandate and as that, members should proceed to the other commissioners.

In the morning, IEBC vice chairperson Juliana Cherera through her lawyer Apollo Mboya drew the attention of the Committee to a last week tweet by the President referring to the four besieged commissioners as ‘rogue.’

Cherera argued that the November 25 tweet coming from the person constitutionally mandated to form a tribunal if the petition is successful does not inspire confidence of free and fair process.

Ruto's tweet – she argued,  is injurious to her and appears to suggest a predetermined conclusion.

 “There is need to obtain better and further particulars on the nexus between the petitions before this Honourable Departmental Committee and that tweet of President William Ruto on 25/11/2022 at 8.50 am," Apollo told the committee.

"To ascertain whether the process is already predetermined taking into account that the President who may end up forming a Tribunal refereed to the Four Commissioners of IEBC as rogue officials."

Cherera’s legal team was referring to a Friday tweet where the President warned against amongst others politicisation of the ongoing process.

“The lords of impunity, who destroyed oversight institutions using the handshake fraud, should allow parliament to hold rogue officials who put the nation in danger by subverting the democratic will of the people to be held to account. The new order is RULE of LAW not wishes of big men,” President Ruto said.

The tweet on Monday found itself at the centre of the JLAC, IEBC tussle with the Cherera’s legal team using it among other reasons to press for adjournment which the Committee later granted.

Apollo further argued that her client is already prejudiced given that the President role in the process is pushed by the petitioners.

“We need better particulars. The tribunal will be formed by a person who has referred to the Commissioners as rogue," Apollo said.

"We seek the House to adjourn to obtain particulars from His Excellency the President."

Gitonga, however, declined to comment on the tweet citing National Assembly's Standing Order 87 (1) barring the committees from discussing the conducts of the President, Speaker and the judges.

Further buttressing their request for adjournment, Cherera’s legal team told the Commiottee that their request for vital information to help in their response was yet to be responded to.

“The Clerk to the National Assembly has refused, neglected and/or declined to comply with the request to information pursuant to Article 35 of the Constitution of Kenya and Access to Information Act No.31 of 2016 to furnish Commissioner Juliana Cherera that is required for her defence,” Apollo submitted.

They had asked to be supplied with hansard report of the Committee that drew the schedule of hearings, ruling of the committee on jurisdiction rendered last week and the Hansard of the entire session of the Committee from November 24 when the hearings started.

“All the evidence presented by the petitioners before the Departmental Committee in support of their allegations,” Apollo said.

Apollo asked for 10 days adjournment to file a response and for the committee to address the issues the defense had raised.

Committee chairman Gitonga while making his ruling granted the adjournment but gave the defence one day to make their defence.

The Tharaka lawmaker said the decision to grant the adjournment was unanimous and in the best interest of a free and fair process.

"This Committee is inclined to grant adjournment however it is not along the terms asked for but according to terms considered as fair by the Committee," Gitonga said.

"Hearing of this matter will proceed tomorrow November 29 from 8 am."