, NAIROBI, Kenya, Sep 23 – The Jubilee Party says it supports one Rashid Mohammed in his demand that the Ethics and Anti-Corruption open an investigation into why the Supreme Court registrar’s audit of the result forms used in the August 8 presidential election differed with the findings of Supreme Court judge Njoki Ndungu.
Jubilee Party Secretary General Raphael Tuju said Ndungu’ audit unlike that presented to the court by Esther Nyaiyaki showed that the forms in dispute were in deed signed, serialised and stampted.
“If someone changed the forms so that what the court relied on for its ruling is falsified documents, then that is criminal and should be investigated,” Tuju says.
Lawyer Kioko Kilikumi, acting on behalf of Mohammed has written to the Ethics and Anti-Corruption Commission and other investigating arms to determine if the documents referenced in Nyayaki’s report were doctored or the report itself was.
The request to probe the registrar is based on the ruling by dissenting Supreme Court Judge Njoki Ndungu, who said her examination of the form 34As and 34Bs deposited at the registry conformed to the law, bearing all the features, contrary to claims by the National Super Alliance.
“The report by the Registrar of the Supreme Court is the opposite of the findings by the Hon. Lady Justice Njoki Ndung’u regarding these Forms. The two contrasting viewpoints cannot be factually correct,” states the letter copied to the Director of Public Prosecutions and the National Police Commission.
Tuju has also intimated that laws on electronic transmission of election results should be revised citing Germany’s decision to avoid technology in its General Elections Sunday.
“The highest court in Germany has outlawed the use of electronic voting and transmission because they have articulated that electronic voting and transmission can be subject to manipulation,” Tuju said at a press conference on Saturday.