Mr Justus Nyang’aya has resigned from the Independent Electoral and Boundaries Commission (IEBC), hours after being suspended by President William Ruto.
President Ruto suspended the IEBC vice chairperson Juliana Cherera and Commissioners Nyang’aya, Irene Masit and Francis Wanderi pending investigation by a tribunal chaired by Justice Aggrey Muchelule.
The four have been accused of gross misconduct over their decision to reject the presidential results that were used to declare Dr Ruto the country’s fifth president.
Also Read: Inside Kenya Kwanza plan on IEBC changes
In a letter to the President, Mr Nyang’aya said he made the decision after “fervent prayers and in the best interest of the nation”.
“It is with heavy heart that I tender my resignation as a commissioner of the Independent Electoral and Boundaries Commission effective today,” states the letter dated December 2.
“In the last few weeks, I have heard serious soul searching and being a man of faith, prayed fervently so that I may have the wisdom to make a decision that is in the best interest of the country. We all agree that the best interest of the nation must always supersede our individual interests,” he added.
The commissioner said he has always “endeavoured to act in the best interest of the country, although my actions, taken in good faith have been misconstrued”.
Earlier on Friday, President Ruto announced the formation of the tribunal in a gazette notice. The tribunal was sworn in at the Supreme Court buildings later in the afternoon.
Other members of the tribunal are Carolyne Kamende Daudi, Linda Gakii Kiome, Mathew Njaramba Nyabena and Col (Rtd) Saeed Khamis Saeed.
On Tuesday, the four beleaguered electoral agency commissioners wanted President Ruto to explain how he concluded that they were “rogue officials”.
In a letter drafted by their lawyer Apollo Mboya and addressed to President Ruto, the breakaway commissioners declined to appear before the National Assembly’s Justice and Legal Affairs Committee (JLAC).
The committee recommended their removal from office in a report adopted by the House on Thursday, informing the President’s decision to establish a tribunal.
The tribunal’s mandate will be to consider the petition for the removal of the four IEBC commissioners and to inquire into the allegations.