More trouble is brewing for the Independent Electoral and Boundaries Commission (IEBC) commissioners who were led by their Vice-chairperson Juliana Cherera in disowning the August 9th election results that were announced by IEBC Chairman Wafula Chebukati. The four commissioners, Juliana Cherera,  Justus Nyang’aya, Francis Wanderi and Irene Masit termed the results “opaque.”

A motion for their censure has been introduced to the senate by Nyandarua Senator John Methu. The motion against the four, dated October 6, was received by the Office of the Senate Clerk, pending approval for its tabling for discussion by the House.

The senator who won the Nyandarua senate race on a UDA ticket wants the four commissioners forced to resign for allegedly attempting to subvert the will of the people in the August 9th election. Hon Methu also seek to have them charged for their actions which he claims ‘threatened to plunge the country into chaos’.

Mr Methu also seeks to have the yet to be constituted Justice and legal Affairs committee (JLAC) to implement the recommendations  from the Supreme Court on the running of the IEBC. However he wont achieve much with the move as only the National Assembly is mandated to remove commissioners of the an independent body such as IEBC.

According to Article 251 of the constitution, commissioners can only be removed through a petition filed in the National Assembly and a subsequent formation of a tribunal by the President. Grounds for removal include  serious violations of the Constitution or any other law, gross misconduct,  physical or mental incapacity to perform the functions of office, incompetence or bankruptcy.

“The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President, who shall act within 30 days,” reads Article 251 (6).

Former PS Irungu Nyakera has also filed a petition in the National Assembly to execute the removal plans for the dissenting commissioners. Garissa township MP Aden Duale has also threatened to file a petition over the same although he is yet to do so.