Suspended Independent Electoral and Boundaries Commission (IEBC) commissioner Irene Masit has accused the tribunal probing her conduct and three others of introducing new evidence in the matter.
Masit claims that the documents filed before the Muchelule led Tribunal are a complete departure from petitions filed before the Parliament’s departmental committee on justice and legal affairs.
“In changing the character, details and evidence of the petitions, the Tribunal violates Article 50(2) (b) of the constitution and section 4 of Fair Administration Action Act.,” she claims
According to Masit, the petitions were filed without supporting evidence and thus in contravention of the constitution and the evidence Act.
The commissioner further argues that the tribunal lacks the jurisdiction to hear the matter. She wants the tribunal to hold that the petition before it has no constitutional, statutory or factual foundation.
“If the Tribunal claims it has jurisdiction, it will be a constitutional hearsay and a permanent blot that will in fullness of time be corrected,” the petitioner states.
Masit says that the committee’s findings were tainted with bias, irrationality and impartiality since it was chaired by MP Gitonga Murungara who was part of the UDA party legal team and never disclosed the same.
