Opinion is divided on the implication of President William Ruto’s comment over the ongoing proceedings that are seeking to ouster four Independent Electoral and Boundaries Commission (IEBC) commissioners.
President William Ruto on Friday, November 25, in a tweet, claimed that the four commissioners popularly referred to as ‘Cherera Four’ are not fit to hold public office.
In a statement that sought to answer Azimio La Umoja Leader Raila Odinga, Ruto stated that the four commissioners almost plunged the country into chaos.
“The lords of impunity, who destroyed oversight institutions using the handshake fraud, should allow parliament to hold rogue officials who put the nation in danger by subverting the democratic will of the people to be held to account.
“New order is the rule of law, not the wishes of big men,” Ruto wrote on Twitter.
Ruto’s tweet played out during the hearing led by the Justice and Legal Affairs Committee (JLAC) committee. Lawyer Apolo Mboya argued that the outcome of the proceedings was already pre-determined.
“To ascertain whether the process is already predetermined taking into account that the President who may end up forming a Tribunal referred to the Four Commissioners of IEBC as rogue officials,” Lawyer Apolo explained.
The Lawyer argued that the process had largely been politicised against the four commissioners.
“There is need to obtain better and further particulars on the nexus between the petitions before this Honourable Departmental Committee and that tweet of President William Ruto on 25/11/2022 at 8.50 am,” Apolo told the committee.
While rejecting summons from the JLAC committee, Commissioner Irine Masit who snubbed the team claimed that it has no jurisdiction over the matter.
Through her lawyer Irene Masit told the MPs that they ‘have no jurisdiction to entertain the petition.’ The commissioner claimed that the process was out of reach for a fair process.
Legal experts have offered conflicting opinions on the effects of Ruto’s tweet, especially, should the four commissioners move to court.
“The only claim they may raise against the President is in libel for stating that they subverted the will of the people,” Lawyer SGI Oriaro explained.
Oriaro, however, differed with Mboya that the president’s claims carry a lot of wait before a court of law.
“That claim, if brought before a court of law, may not be strong evidence that could convince a judge.
“As such, there should therefore be no good reason for the commissioners moving to court on the basis of the tweet,” Oriaro added.
Mboya, representing Cherera, had demanded that Ruto be summoned to appear before the JLAC committee to explain his statement.
Source: kENYANS.CO.KE