Irungu Nyakera, the party leader for the Farmers party, has implored legislature members to oust the four commissioners who held a parallel press conference as Chebukati announced the presidential election results on August 15, 2022.
They termed the results as opaque and therefore unverifiable.
In their submissions, the four commissioners faulted the leadership style of Wafula Chebukati and alleged that they were not involved in the final tallying and verification process.
However, the Supreme Court while delivering its ruling found that there was no evidence that the four commissioners were sidelined and left out and that they only dissented at the eleventh hour.
Chebukati was vindicated by the Supreme Court. The court however found that he had erred in both law and fact by appointing himself Presidential Returning Officer and gazetting a position that otherwise doesn't exist as per the constitution.
The four commissioners are Juliana Cherera,Irene Masit, Francis Wanderi, and Justus Nyang’aya.
The four have been accused of conspiring to subvert the will of the Kenyan voters and should therefore be rendered unfit to hold office.
The Kenya Kwanza affiliated party presented a petition to parliament to kick out the four commissioners.
On the other hand, the four officials who remained in Wafula Chebukati’s camp are Boya Molu, Abdi Guliye, and IEBC CEO Marjan Hussein Marjan.
Garissa Town Member of Parliament Aden Duale also accused the four commissioners of wanting to influence the outcome of the polls. He stated that the four should not go scot-free but instead be held accountable for their actions.
the four commissioners should be held accountable both individually and collectively. They cannot turn on and off like a switch and expect us to just forget everything. They must face the music," Duale stated.
After the petition is tabled in parliament, the party will present the president. The president then appoints a tribunal that investigates the matter and gives recommendations to the President.
The removal of commissioners is regulated by the constitution under article 251(3). Commissioners, unlike cabinet secretaries and permanent secretaries, enjoy a tenure of office.