How to remove IEBC commissioners from office
by NjukiMartin Posted on 25-04-2016
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Dear Mr. Raila Odinga and CORD,

In a country governed by a constitution, the removal of members of commissions cannot be done via mass action. The Kenya constituion clearly stipulates how one should go about it. Read Article 251 of the constitution captioned below:

251. (1) A member of a commission (other than an ex officio member), or the holder of an independent office, may be removed from office only for—
(a) serious violation of this Constitution or any other law, including a contravention of Chapter Six;
(b) gross misconduct, whether in the performance of the member’s or office holder’s functions or otherwise;
(c) physical or mental incapacity to perform the functions of office;
(d) incompetence; or
(e) bankruptcy.

(2) A person desiring the removal of a member of a commission or of a holder of an independent office on any ground specified in clause (1) may present a petition to the National Assembly setting out the alleged facts constituting that ground.

(3) The National Assembly shall consider the petition and, if it is satisfied that it discloses a ground under clause (1), shall send the Removal from office petition to the President.

(4) On receiving a petition under clause (3), the President—
(a) may suspend the member or office holder pending the outcome of the complaint; and
(b) shall appoint a tribunal in accordance with clause (5).

(5) The tribunal shall consist of—
(a) a person who holds or has held office as a judge of a superior court, who shall be the chairperson;
(b) at least two persons who are qualified to be appointed as High Court judges; and
(c) one other member who is qualified to assess the facts in respect of the particular ground for removal.
(6) The tribunal shall investigate the matter expeditiously, report on the facts and make a binding recommendation to the President, who shall act in accordance with the recommendation within thirty days.

(7) A person suspended under this Article is entitled to continue to receive one-half of the remuneration and benefits of the office while suspended.

But all this is not news since Mr. Raila was among the people that engineered the new constituion as seen here in the daily nation of 2009

The president, like all of us, has a duty to defend the constitution. So let us stop acting like we do not have a laid down strategy. The rule of law must be followed. 




   

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Njuki Martin JM
About the Writer NjukiMartin
OCCUPATION Computer Science

I have purposed to be very keen on the role of ICT in today’s world and in shaping the future towards a global economic system. I therefore strive for excellence in whatever I do through teamwork, training and learning so as to be competent with the necessary social skills and hands-on-knowledge required in developing market oriented solutions to the challenges and problems that face us.




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