DPP Keriako Tobiko said investigations were ongoing and a number of witnesses had given information on listing of Kethi using a stolen slip that was allegedly stolen.
“Witnesses have already recorded statements but I do not know the conclusion of the police. Should the investigation reveal evidence of commission of a crime either by Kethi Kilonzo or officers of the Independent Electoral and Boundaries Commission (IEBC) we shall prosecute. But if there is no evidence we will say so,” Tobiko asserted.
He said the chairman of the IEBC wrote to his office and to the director of CID asking for an investigation to establish how Kethi was registered using a registration slip plucked from a booklet that was used to only register former President Mwai Kibaki.
IEBC Director of Voter registration and Electoral Operations Immaculate Kassait told the tribunal investigation the matter that Kethi was not a registered voter and revealed that she was listed using a slip that is among five that were stolen from the commission.
She said IEBC had already asked for the investigations into how the five slips went missing.
Both the tribunal and the High Court barred Kethi from running for the Makueni senatorial seat over the illegality.
Kethi’s slip showed that she was registered in 2011, more than a year before Biometric Voter Registration started.
Information further showed that Kethi was registered at the NCC Social Hall in Karen but IEBC records proved that the slip’s code belonged to the St Mary School in Karen and that it also had details of a slip that was not in distribution in Nairobi.
IEBC wrote to the Office of the DPP and the director of CID to commence investigations to ascertain how Kethi acquired the registration slip.
The police are expected to establish who ‘stole’ the five slips and how Kethi came into possession of one.