With less than a week remaining before Justice Aggrey Muchelule-led tribunal officially begins its hearings against three former IEBC Commissioners and suspended Commissioner Irene Masit, outgoing IEBC chairman Wafula Chebukati and 7 others have been listed as lead witnesses in the case against his colleagues.
The retiring IEBC boss, commissioners Abdi Yakub Guliye, Boya Molu, and CEO Marjan Hussein Marjan, General Manager of Yaya Apartments, General manager of Serena Hotel and a Protected Witness will testify against the ‘Cherera 4’ when the Tribunal Hearings officially commence hearings next Tuesday.
In the petition seen by Citizen TV against Masit, Juliana Cherera, Francis Wanderi and Justus Nyangaya, the four are accused of meeting high-profile Azimio operatives at Yaya Apartments between 15th and 17th August in rooms number 21, 23 and 27.
But in her replying affidavit, Masit faults the tribunal for “obtaining what is purported to be her entry into a public hotel as though entering into such a facility is criminal or nefarious.”
The suspended Commissioner has dismissed the entire investigation process as a legal charade, claiming that from inception it is a disdain of the constitution, standing orders, and established law.
Masit faults the tribunal for proceeding on a petition “with no substance and in a different form, character, and content from the different petitions. “
Commissioner Masit claims the Parliamentary Departmental Committee’s findings were full of bias, irrationality, and impartiality in that its chairman Gitonga Murungara failed to disclose that he was part of the ruling party UDA’s legal team.
She further accuses the tribunal of introducing evidence that was tendered in the Supreme Court presidential petition yet the court’s decision is final, conclusive, and binding.
Meanwhile, Meru Law Court Judge Edward Muriithi has declined to give conservatory orders stopping the Justice Aggrey Muchelule-led tribunal from investigating the four suspended IEBC Commissioners popularly known as ‘Cherera 4’.
While allowing the tribunal to proceed with its mandate, Justice Muriithi ruled that any party that will feel aggrieved by the process can move to court to seek Justice.
“All petitions in the case will be considered only after the determination of the inquiry process by the Constitutional Tribunal,” justice Muriithi ruled.
The matter is scheduled to be mentioned on 16th January 2023 or an earlier date, with another petition seeking to quash the mandate of the ruling scheduled to be mentioned and determined on December 19th, which is Monday next week, a day before the tribunal kicks off its proceedings.
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