Africa-Press – Kenya. Tribunals are appointed by the President as is the case of the one formed to try the four IEBC commissioners. There is no law on who can be in that tribunal.
The members have strict instructions from the appointing authority. And unlike other public jobs, where people apply for consideration, the President just decides to appoint whoever he wishes in this case.
The people President William Ruto is appointing will definitely be from Kenya Kwanza. Other than the judge, all the other members are known United Democratic Alliance youth wingers. Why would you appear on a tribunal whose judgement is already out?
That tribunal by composition is not impartial; that tribunal by appearance doesn’t invoke fairness. It is a kichinjio (slaughterhouse).
We did appear in Parliament in the committee of Justice and Legal Affairs and I did tell the people this is a kichinjio. You are not voting based on evidence but on the basis of party affiliation. Parliament was turned into a conveyor belt. The tribunal is another conveyor belt.
The consequences of being found culpable by the tribunal and the President sacking you means you will never hold any public office. So our client [Juliana Cherera] had no business appearing before a slaughterhouse.
Does the process get aborted in the face of the resignations? Yes. It is not the first time tribunals have been aborted. In Justice Philip Tunoi’s matter, he also threw in the towel when he knew the answer.
When JSC pushed Justice Prof Jackton Ojwang and a tribunal was appointed, President Uhuru Kenyatta put his cronies. They cleared the judge.
This is politics. Whoever is in control and is an appointing authority is a product of politics. So, the President and his team are shaping the Independent Electoral and Boundaries Commission of 2027.
And by virtue of the President controlling the majority in Parliament and having the state power, he will play as if it is within the rule of law but it is politics.
Anybody appearing before the tribunal will be legitimising an illegal enterprise and that’s why they will all resign.
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