Marjan Hussein, the Chief Executive Officer of the Independent Electoral and Boundaries Commission, is currently being questioned in front of the Cherera 4 tribunal by Donald Kipkorir, the Lawyer for Commissioner Irene Masit.
The Chief Executive Officer of the IEBC was questioned throughout the course of the interview regarding the removal of Commissioner Irene Masit’s official car, security officers, and personal driver. Attorney Donald Kipkorir, who was looking for an answer to a critical point, was the one who initially brought up the subject.
In the first scenario, Marjan admitted that in the event that the laws outlined in the IEBC human resource policy laws were in conflict with those outlined in the constitution, the constitution would take precedence over the policies, and a decision would be made in accordance with the constitution. In the second scenario, Marjan had admitted that in the event that the laws outlined in the IEBC human resource policy laws were in conflict with those outlined in the constitution, the constitution would take precedence over
After that, Attorney Kipkorir questioned him on why he had taken away the commissioner’s official car along with her security personnel and driver, which was a violation of article 251, which states that a suspended commissioner may continue to enjoy the benefits of their office while receiving half of their salary.
Marjan had initially indicated that it was in line with the IEBC HR rules in his initial statement; however, after having article 251 read to him, he was forced to recant this reasoning. Marjan’s initial reaction had stated that it was in accordance with the IEBC HR laws. He came up with yet another rationale, which was to suggest that the constitution was ambiguous due to the fact that it did not make it clear whether the benefits that were specified were remunerative or facilitative. He contended that this made the constitution unclear. In response, Kipkorir asked a question that was intended to be a rhetorical one, adding, “So you’re saying you removed her car, security, and driver because the legislation is vague.”
When questioned further, Marjan Hussein refused to take responsibility and instead moved the blame to the IEBC chairman, stating that it was he who directed him to stop paying Masit’s office benefits. This occurred after Marjan Hussein was given additional opportunities to take responsibility.