Nairobi — President William Ruto has told his arch rival Raila Odinga that the planned demonstration to condemn the removal of the four embattled commissioners at the Independent Electoral and Boundaries Commission (IEBC) will not impede the rule of law.
In a statement, President Ruto stated that the four commissioners Juliana Cherera, Justus Nyang'aya, Francis Wanderi and Irene Masit must face the rule of law using a tribunal for attempting to overturn the will of the people.
"Their guilt or innocence will be determined by TRIBUNAL.RULE of LAW it is," President Ruto said on his twitter handle.
The Head of State who on Friday formed the tribunal to investigate the four commissioners and equally suspended them from office insisted that the government will not be cowed by the demonstration
"The coup to OVERTURN the PEOPLE'S will using rogue commissioners, you are now threatening us with maandamano about, FAILED," he stated.
The Head of State who narrowly won against Odinga in the August 9 election told the latter to stop lying to the masses that his victory was stolen.
President Ruto chided Odinga that even with the deep state by his side, he still lost the 2022 general elections.
"Even with the system/deep state you LOST the election. STOP deluding yourself & LYING," he stated.
In a quick rejoinder, Odinga responded with a video of Ruto disputing the 2007 general election results which former President Mwai Kibaki was declared the winner in the highly contested poll.
"Usijifanye leo hii kwamba umesahau (do not pretend today that you have forgotten) when the shoe was firmly on the other foot. Let me just leave this here," Odinga tweeted.
The Odinga-led Azimio La Umoja Coalition has threatened to stage demonstration from December 7 to protest the ouster of the besieged commissioners.
The announcement came after deliberations among Azimio leaders during the coalition's Parliamentary Group meeting.
"Our stand remains that the focus on the four commissioners is not about the 2022 elections. It is about the 2027 elections whose rigging the Ruto regime is putting in place in 2022," they claimed.
The nine member team tribunal investigating the commissioners will be chaired by High Court Judge Aggrey Muchelule.
Others enlisted to be part of the tribunal include; Carolyne Kamende Daudi,Linda Gakii Kiome,Mathew Njaramba Nyabena,Col. (Rtd.) Saeed Khamis Saeed,Kibet Kirui Emmanuel and Irene Tunta Nchoe.
The lead counsel of the tribunal is Peter Munge Murage who will be assisted by Zamzam Abdi Abib.
The tribunal is required to expeditiously conclude the hearing and report of its findings which are binding, with the President expected to act on them within 30 days.
"In the discharge of its functions, the Tribunal shall--(a) Prepare and submit a report and its recommendations thereon expeditiously; and (b) Exercise all the powers conferred upon it by law for the proper execution of its mandate," read the gazette notice.
The tribunal is expected to consider four petitions filed against the besieged commissioners and establish whether there were serious violations of the constitution and gross misconduct they had committed.
"... .being members of the Independent Electoral and Boundaries Commission, be and are hereby suspended from office with immediate effect; and a Tribunal to inquire into the matter be and is hereby appointed," stated the gazette notice.
Republican Party, Reverend David Ndumbi, Steve Owour and Geofrey Langat filed the petitions which were investigated in a four-day hearing which the besieged commissioners gave a wide berth.
"The house resolves petition herein together with the material in support hereof be sent to his Excellency the President pursuant to Article 251 (3) of the constitution. The President appoint a tribunal to deal with the matters in accordance with Article 251 (5) of the constitution," read the report.
On January 18th 2022, IEBC Chairman Wafula Chebukati and commissioners Boya Mulu and Abdi Guliye are expected to leave office following the end of their tenure.
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If the tribunal recommends the removal of the four which will be a verdict acted upon within 30 days, it could portend trouble to the management of poll affairs.
This will create a crisis due to pending by elections and the imminent boundaries delimitation that is set to be conducted by the poll agency.
Majority Leader Kimani Ichung'wa urged the house to expedite the process of passing the IEBC amendment bill to avert a crisis due to lack of a substantive poll body.
"The country runs a risk of running without a commission and it's important we expedite it before we head on recess. It will allow the Senate time to deal with it because it touches on counties," said Ichung'wa.
"With the three commissioners term coming to an end and with the fate of the other 4 in the hands of this assembly, should anything adverse be decided on them, we ran the risk of being without a commission," he added.
