The announcement of William Ruto as president-elect by Wafula Chebukati rubbed a section of  Kenyans the wrong way and especially the Azimio-affiliated members.

This has led to numerous calls for Wafula Chebukati to be ousted from office and to be replaced by Juliana Cherera his vice-chair who is arguable “more transparent and credible”.

But what is the procedure for removing the IEBC commissioner from office before his six-year term expires? Chebukati’s term in office expires on the 19th of January 2023.

The constitution has outlined the detailed process of removing the chair of the Independent Electoral and Boundaries Commission from office. It is a lengthy and robust process that has to be adhered to.

According to the Constitution of Kenya, any person seeking to have the IEBC commissioner removed from office should table a petition before the National Assembly with solid and sufficient facts to that effect.

After careful consideration by the National Assembly, the members shall forward the petition to the President of the Republic of Kenya if contented with the substantiality of the alleged facts.

The president shall then form a tribunal that shall conduct an inquiry on the allegations presented against the IEBC chairman.

Article 251 (5) states that a tribunal shall consist of a person who holds or has held office as a Judge of a superior court, who shall be the chairperson, At least two persons who are qualified to be appointed as High Court judges, and one other member who is qualified to assess the facts in respect of the particular ground for removal.

The tribunal shall then conduct a thorough investigation of the matter presented and submit findings and recommendations to the head of state who shall then act on it within 30 days.

In the course of the investigation, the commissioner shall be put on suspension from official duties and shall receive only half of the salary he/she is entitled to.

Advertising and recruiting the chair of the Independent Electoral and Boundaries Commission is a mandate of the Public Service Commission in Kenya.

However, the situation in Kenya is quite peculiar as the incumbent president is currently under temporary incumbency.

Temporary Incumbency in Kenya

After the 9th election polls, the president automatically slid into incumbency otherwise known as ‘caretaker president.

With the temporary incumbency phase, a considerable amount of power is slashed from the president as he prepares to hand over the mantle of leadership to his successor.

Limitations of the Incumbency Phase Include;

•Exercise the prerogative of mercy to convicts

•Nominate or appoint judges of high courts

•Confer honours in the name of the people or the republic

•Nominate or dismiss cabinet Secretaries and other state officers

•Nomination or appointment of any other public officer required of the president as per the constitution.