, NAIROBI, Kenya, Sep 22 -The Independent Electoral and Boundaries Commission’s Legal and Public Affairs Director Praxedes Tororey has retired.
Tororey is said to have formally cleared with the electoral agency after attaining the retirement age of 60, the age at which all public officials are expected to exit public service.
Tororey is however among officials National Super Alliance leader Raila Odinga had demanded leave the Commission, accusing them of colluding to bungle the August 8 presidential election annulled by the Supreme Court on September 1.
Other officials Odinga had named include Commissioners Abdi Guliye and Boya Molu, IEBC Chief Executive Ezra Chiloba, his advisor Moses Kipkosgey, as well as ICT Director James Muhati.
In its detailed judgment on the nullification of the August 8 presidential election, the Supreme Court did not however impute any criminal culpability on Commissioners or member of the Commission Secretariat.
“No evidence was placed before us to prove that electoral offences were committed by officials of IEBC. What we saw in evidence was a systematic institutional problem and we were unable to find specific fingerprints of individuals who may have played a role in the commission of irregularities,” Chief Justice David Maraga ruled.
“We are therefore unable to impute any criminal intent or culpability on either the IEBC Chairman or any other Commissioner or member of IEBC,” CJ Maraga noted in the detailed ruling rendered on Wednesday.
The finding of no criminal culpability was the point of convergence for the Supreme Court bench of six which was divided on the nullification of the presidential election with two judges dissenting.
Whereas Maraga, his deputy Philomena Mwilu and Justices Isaac Lenaola and Smokin Wanjala (in absentia) faulted the IEBC for failing to follow critical election laws and regulations on electronic results transmission and management, Justice Prof Jackton Ojwang’ and Lady Justice Njoki Ndung’u pointed out that there was no compelling evidence that there were such grave violations of the election regulations that would have compromised the integrity of the entire election.
In its list of “irreducible minimums” NASA had also singled out Mombasa County IEBC boss Nancy Kariuki, Sidney Namulungu (Kisii) and Silas Rotich (Nakuru) as among officers who needed to resign before the fresh poll.