The Independent Election and Boundaries Commission (IEBC) officials have submitted preliminary objections to the Joint Select Parliamentary Committee (JSPC) proceedings regarding the commission
The official said that, “having reviewed the terms of reference of the committee, the terms of reference 1 and 2 are contrary to the express provisions of Article 251 of the constitution which sets out grounds and mechanisms of removal of commissioners.”
According to the IEBC officials, the allegations made to them were never received by the national Assembly as constitutionally required, instead “what the National Assembly and Senate have done is to go out and solicit for allegations against the commissioner in a manner not contemplated under Article 251 of the constitution.”
The officials further noted that the role of National Assembly is to hear petitions brought to them concerning removal of commissioners. With the JSPC collated from members of parliament, the officials noted that if the committee was to proceed that would be violation of right of hearing for commissioners.
“If the same National Assembly were to proceed to hear a petition on the grounds that it has collected for the removal of the commissioners of the IEBC, that will be violation of the right to fair hearing for the commissioners, which is protected under Article 50 as read with Article 25 of the Constitution,” Read the statement.
The officials accused the JSPC members of collection and collation of allegations for the removal of IEBC.
“The Joint select Committee of Parliament, which includes members of the National Assembly, has participated in the collection and collation of allegations for the removal of commissioners of IEBC,” part of the statement read.
JSCP was formed to help solve the recent demonstrations by the opposition who were demanding for disbandment of IEBC since they could not hold “credible elections.”