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"Not Yet Over" Lawyer Reveals What Might Happen To Cherera, Nyang'aya Who Resigned With Pending Case

Juliana Cherera, vice chairperson of the Independent Electoral and Boundaries Commission (IEBC), resigned on Monday, December 5, putting the tribunal's impending investigation on hold.

Cherera joined a long list of government employees who resigned while under investigation.

What the law says about civil servants resigning while having pending cases hanging over their heads.

Lawyer Martin Oloo told Kenyans.co.ke that the petition against Cherera naturally withered and died after her resignation.

"The petition was intended to remove the commissioners, but now that they have resigned, they will not appear before the tribunal," he explained.

"You only discuss what is before you, and if all commissioners resign, the tribunal will have no case to discuss," he added.

Duncan Okatch, another High Court advocate who spoke to Kenyans.co.ke, agreed with his statements.

"Once you resign, that process should end," Okatch explained. "The investigation process aims to recommend your suitability to hold office, and once you resign, it becomes inconsequential."

Resigning amid an investigation

Regarding whether it is prudent to resign while a case is pending, Oloo stated that resignation is a guaranteed constitutional right, and Cherera acted within her rights.

"Any employee may resign at any time, and you may resign without regard for the process."

"There is a distinct difference between a pending case and. "Resignation does not mean you stop facing a continuing case in court." resignation,the veteran lawyer explained.

Tribunal Authority

Okatch stated that the tribunal does not have the authority to initiate criminal proceedings against the IEBC commissioners.

"In terms of any criminal culpability, there are other agencies to deal with that," Okatch clarified the tribunal's powers.

"Article 251, Sub Article 6 empowers the tribunal to make permanent recommendations to the President based on available facts."

"So they can make any recommendations as long as they are consistent with removal from office," he quickly added.

https://www.kenyans.co.ke/news/82820-cherera-exit-what-law-says-about-govt-officials-who-resign-pending-case

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Cherera Independent Electoral and Boundaries Commission Kenyans.co.ke Martin Oloo Nyang'aya

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