`REPUBLIC OF KENYA IN THE NATIONAL ASSEMBLY OF KENYA AT NAIROBI.

THE MATTER OF ARTICLES 251 (1) (a), (b) & (d), (2) & (3) OF THE CONSTITUTION OF THE REPUBLIC OF KENYA. AND IN THE MATTER OF A PETITION FOR THE REMOVAL OF NINE MEMBERS OF THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION: A CONSTITUTIONAL COMMISSION AND IN THE MATTER OF STANDING ORDER NO. 230 (1) (a) & (b), (2), (3), (4) & (5) AS READ WITH STANDING ORDER NO.S 223 AND THE THIRD SCHEDULE OF PARLIAMENT: NATIONAL ASSEMBLY STANDING ORDERS, 2013. AND IN THE MATTER OF A PETITION BY MR. ROBERT BUKE WAFULA AND ENG. WAMBUTURA FOR THE REMOVAL OF:
1. 2. 3. 4. 5. 6. 7. 8. 9. Ahmed Isaack Hassan - Chairperson. Lilian Bokeeye Mahiri-Zaja - Vice Chairperson. Eng. Abdullahi Sharawe - Member. Thomas Letangule - Member. Mohamed Alawi Hussun - Member. Albert Camus Onyango Bwire Member. Kule Galma Godana - Member. Amb. Yusuf A. Nzibo - Member. J. Muthoni Wangai - Member.

AS INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION (IEBC) COMMISSIONERS

To: THE NATIONAL ASSEMBLY NAIROBI. 1

IN THE NATIONAL ASSEMBLY OF KENYA AT NAIROBI. THE MATTER OF ARTICLES 251 (1) (a), (b) & (d), (2) & (3) OF THE CONSTITUTION OF THE REPUBLIC OF KENYA. AND IN THE MATTER OF A PETITION FOR THE REMOVAL OF NINE MEMBERS OF THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION: A CONSTITUTIONAL COMMISSION
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I the undersigned ROBERT BUKE WAFULA and Eng Wambutura being Kenyan Citizens and residents of NAIROBI within the Republic of Kenya: DRAW the attention of the National Assembly to the Following:

1.

In the exercise of the registration of voters and compilation of voters register and in the conduct of the general election of 2013 the Commissioners: a. b. Are in serious violation of the Constitution and the laws of Kenya; Gross misconduct in performance of the functions and their duties as Commissioners; c. Incompetence in the management of the 2013 elections.

IN THE NATIONAL ASSEMBLY OF KENYA AT NAIROBI. THE MATTER OF ARTICLES 251 (1) (a), (b) & (d), (2) & (3) OF THE CONSTITUTION OF THE REPUBLIC OF KENYA. AND IN THE MATTER OF A PETITION FOR THE REMOVAL OF NINE MEMBERS OF THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION: A CONSTITUTIONAL COMMISSION _______________________________________________ 2. In the procurement of the Biometric voter registration (BVR) and electronic voter identification devices (EVID) equipment during the general elections of 2013 the Commissioners so grossly mismanaged the use of public finances contrary to Article 201 of the Constitution as read with Article 10. 3. AS EVIDENCED BY: i. The documents presented by the Petitioners and IEBC to the Supreme Court in Presidential Petition Nos. 3, 4 & 5 of 2013. ii. Election Petitions and Appeals filed in the High Court, Court of Appeal and Supreme Court for the gubernatorial, senate and National Assembly seats. iii. The discrepancies in IEBC elections data as election returns presented to the National assembly and posted variously by IEBC. iv. Reports and analysis by various organizations namely Kenya Human Rights Commission, Mars Group, Standard Media Group Limited and others.

IN THE NATIONAL ASSEMBLY OF KENYA AT NAIROBI. THE MATTER OF ARTICLES 251 (1) (a), (b) & (d), (2) & (3) OF THE CONSTITUTION OF THE REPUBLIC OF KENYA. AND IN THE MATTER OF A PETITION FOR THE REMOVAL OF NINE MEMBERS OF THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION: A CONSTITUTIONAL COMMISSION. _______________________________________________ v. Use of multiple non gazetted election voter registers on the date of the election. vi. Any other evidence that the National Assembly may receive. 4. THAT since this Petition seeks the removal of the IEBC Commissioners this is the only relevant body to be addressed. 5. THAT I hereby confirm that the issues in respect of which this Petition is made, are not pending before any Court of law or constitutional or legal body. HEREFORE your humble Petitioner prays that the National Assembly: 1. Resolves that this Petition discloses grounds for removal of the named Commissioners under Article 251 (a), (b) & (d) of the Constitution of Kenya. 2. Recommend to His Excellency the President to form a Tribunal to investigate the named Commissioners. Dated at Nairobi this 28th Day of April, 2014

ROBERT BUKE WAFULA, Passport No. B04434 P.O.BOX159187-00100 NAIROBI. ROBERT BUKE WAFULA
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IN THE NATIONAL ASSEMBLY OF KENYA AT NAIROBI. THE MATTER OF ARTICLES 251 (1) (a), (b) & (d), (2) & (3) OF THE CONSTITUTION OF THE REPUBLIC OF KENYA. AND IN THE MATTER OF A PETITION FOR THE REMOVAL OF NINE MEMBERS OF THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION: A CONSTITUTIONAL COMMISSION ____________________________________________________

1.

In the exercise of the registration of voters and compilation of voters register and in the conduct of the general election of 2013 the Commissioners: d. e. Are in serious violation of the Constitution and the laws of Kenya; Gross misconduct in performance of the functions and their duties as Commissioners; f. Incompetence in the management of the 2013 elections. In the procurement of the Biometric voter registration (BVR) and electronic voter identification devices (EVID) equipment during the general elections of 2013 the Commissioners so grossly mismanaged the use of public finances contrary to Article 201 of the Constitution as read with Article 10.

2.

IN THE NATIONAL ASSEMBLY OF KENYA AT NAIROBI. THE MATTER OF ARTICLES 251 (1) (a), (b) & (d), (2) & (3) OF THE CONSTITUTION OF THE REPUBLIC OF KENYA. AND IN THE MATTER OF A PETITION FOR THE REMOVAL OF NINE MEMBERS OF THE INDEPENDENT ELECTORAL AND BOUNDARIES COMMISSION: A CONSTITUTIONAL COMMISSION _____________________________________________ 3. AS EVIDENCED BY: i. The documents presented by the Petitioners and IEBC to the Supreme Court in Presidential Petition Nos. 3, 4 & 5 of 2013. ii. Election Petitions and Appeals filed in the High Court, Court of Appeal and Supreme Court for the gubernatorial, senate and National Assembly seats. iii. The discrepancies in IEBC elections data as election returns presented to the National assembly and posted variously by IEBC. iv. Reports and analysis by various organizations namely Kenya Human Rights Commission, Mars Group, Standard Media Group Limited and others. v. Use of multiple non gazetted election voter registers on the date of the election. vi. Any other evidence that the National Assembly may receive. ROBERT BUKE WAFULA PETITIONER
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