Wetang'ula directs clerk to find 'missing' IEBC petitions
National Assembly Speaker Moses Wetang'ula has directed the Clerk of the House find the whereabouts of petitions seeking to kick out IEBC chairman Wafula Chebukati.
Minority Leader Opiyo Wandayi had on Wednesday protested that a petitioner, Shem Otieno Dianga, had complained to him that his petitions had not been acted upon.
Wandayi claimed that Otieno sent three petitions for the removal from office of Chebukati and commissioners Boya Molu and Abdi Guliye.
“This petitioner is wondering why his petitions have not been acted upon....to the best of my recollection, no such petitions have been presented on the floor of this house,” said Wandayi.
“What could have happened if these petitions reached Parliament? They may not have reached your office perhaps.....is it because that they could be lying somewhere in the precincts of Parliament and could you direct that they be brought before the House for us to act on them accordingly.”
Wetang'ula who said no such petitions had been brought to his attention, asked the Clerk to search the records.
“The clerk will look at the records and bring them to my attention,” the speaker said.
In the petitions dated October 17 and received by the National Assembly's main records unit on October 25, Otieno wants Parliament to initiate the process of removal from office of Chebukati, Guliye and Molu.
Chebukati worked closely with the two commissioners at the height of a major fall out at the IEBC over the declaration of Presidential results.
Vice chairperson Juliana Cherera and commissioners Justus Nyangaya, Francis Wanderi and Irene Masit had led a revolt against the Chebukati team.
Otieno cites gross violation of the Constitution, gross misconduct and incompetence as the three grounds for the three's removal from office
The petitioner avers that Chebukati undermined the Constitution which requires the commission to exercise its powers and perform its functions in accordance with the constitution by “arrogating to himself all the powers of the commission”.
'That the chairperson has failed and neglected to adhere to collective responsibility by undermining the constitution contrary to the requirements for performance of the constitutional and statutory responsibilities,” reads the petition in part.
The petitioner alleges that Chebukati undermined the constitution by inciting the staff to engage in divisive utterances and heckling of members of the commission contrary to the provisions of the code of conduct.
The petition by Otieno accuses Guliye of colluding with Chebukati to usurp the powers of the commission on policy formulation and oversight by issuing statements without regard to consultation.
The petitioner also accuses Guliye of undermining the authority of the commission by “overriding, excluding, vetoing and ignoring the other commissioners”.
“That in collusion with the chairman undermined the constitution and the dignity of the office through acts of omission and commission by failing to obey, protect and defend the constitution,” reads the petition in part.
The petitioner accused Molu of incompetence by making false statements about other members of the commission, knowing the same to be false.
Molu is also accused of colluding with the chairman to procure false KIEMS kits that malfunctioned in at least 235 polling stations across the country.
He is also accused of colluding with the chairman to undermine the government's efforts to maintain law and order by accusing security agencies of engaging in criminal activities of abduction and killings.
President William Ruto last week initiated the process to replace Chebukati, Molu and Guliye whose terms end in January. BY THE STAR

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