What Constitution says on IEBC commissioners' removal
What you need to know:
Commissioners can be removed if they are accused of gross misconduct or for physical or mental incapacity to perform the functions of their office.
Incompetence or bankruptcy can also be grounds for removal.
A person seeking the removal of a commissioner can present a petition to the National Assembly setting out the alleged facts constituting that ground.
IEBC has nine commissioners appointed by the President and confirmed by Parliament.
Chapter 16 of the 2010 Constitution states that commissioners can only be removed from office for a serious violation of the Constitution, including a contravention of Chapter Six on leadership and integrity.
Commissioners can be removed if they are accused of gross misconduct or for physical or mental incapacity to perform the functions of their office.
Incompetence or bankruptcy can also be grounds for removal.
A person seeking the removal of a commissioner can present a petition to the National Assembly setting out the alleged facts constituting that ground.
“The National Assembly shall consider the petition and if it is satisfied that it discloses a ground under Clause (1) shall send the petition to the President,” states Article 251, Section 3.
The President, after receiving the petition, may suspend the member or office holder pending the outcome of the hearing of the complaint or shall appoint a tribunal.
The tribunal will then make a binding recommendations to the President, who shall act on it within 30 days.
