, NAIROBI, Kenya, Aug 13 – Lawyer Kethi Kilonzo has now moved to High Court to obtain anticipatory bail, after learning that police are planning to press criminal charges against her over the ‘stolen’ voter registration acknowledgment slip.
Through an urgent application filed by her lawyer Harun Ndubi on Tuesday, Kethi said she had learnt that police had completed their investigations and were likely to arrest her any time.
He added that she had decided to seek the anticipatory bail to avoid the humiliation she was likely to face if she is arrested and charged.
Anticipatory bail is an assurance from the court that a person facing charges does not need to be arrested before appearing in court.
The matter will be heard on Wednesday morning.
Last week, the Criminal Investigations Department (CID) questioned the advocate over the voter’s acknowledgement slip, in her possession, noting that it was removed from the same booklet used to only register former President Mwai Kibaki ahead of the March elections.
During the hearings before the IEBC disputes resolution committee, Director of Voter Registration and Electoral Operations Immaculate Kassait explained that the slip had been stolen.
“The Wiper candidate’s slip is not among those distributed anywhere in the country. The booklet where the slip was taken from was used to register the former President and five others went missing. The slip held by Kethi is among those missing,” she explained on July 6.
Kassait also observed that Kethi’s slip was not in circulation in Langata constituency, where she claimed to have registered as a voter.
Kethi has however maintained innocence on the issue despite several glaring irregularities surrounding her slip.
At the hearings it emerged that Kethi had an acknowledgment slip dated 2011, a year before the IEBC conducted a countrywide listing of voters.
She also claimed that she was registered at the NCC Social Hall in Karen but IEBC records showed that the slip’s code belongs to the St Mary School in Karen.
And while she insisted that she registered herself as a voter sometime in the afternoon, her slip showed that she ‘registered’ herself at 11:25 am.
Kethi was also at pains to explain where exactly she registered herself as a voter insisting that she was a woman and her geography was poor.
The CID had also grilled several officials from the electoral commission.