Court backs IEBC tribunal decision to remove former Commissioner Irene Masit from office

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NAIROBI, Kenya Apr 17 – The High Court has upheld the removal of former Independent Electoral and Boundaries Commission (IEBC) Commissioner Irene Masit from office, delivering a major setback in her legal challenge against the decision of a tribunal that recommended her dismissal.The court found that the tribunal, chaired by Justice (Rtd) Aggrey Muchelule, acted within the law and could not be faulted for adopting its own internal hearing procedures while handling the matter.In its determination, the court ruled that the process leading to Masit’s removal met the required legal and procedural standards, dismissing arguments that the tribunal had acted irregularly or outside its mandate.Masit’s contract as an IEBC commissioner was terminated following recommendations by the tribunal, which had been tasked with investigating allegations against her conduct while in office.The court further held that tribunals are allowed a degree of discretion in managing their proceedings, provided that they adhere to the principles of fairness and justice. It noted that in this case, there was no evidence of procedural impropriety that would warrant overturning the tribunal’s decision.The ruling effectively brings to a close Masit’s attempt to reverse her removal from the electoral body, which plays a critical role in overseeing Kenya’s elections.The case had attracted significant public interest given IEBC’s central role in electoral governance and the scrutiny surrounding the conduct of commissioners in the lead-up to and aftermath of elections.With the High Court’s decision, the tribunal’s recommendation to remove Masit remains upheld, reinforcing the legal threshold for challenging disciplinary processes involving independent constitutional commissions.The judgment is expected to have implications for future disputes involving commissioners and other officials serving in independent institutions, particularly regarding the scope of tribunal procedures and judicial review standards.