, NAIROBI, Kenya, Sep 22 – The National Super Alliance has given the Director of Public Prosecution a 72-hour ultimatum to open criminal proceedings against IEBC Chairman Wafula Chebukati, two Commissioners, CEO Ezra Chiloba and four other directors over illegalities and irregularities in the August 8 vote.
Through law firm A.T. Oluoch and Company Advocates, the Raila Odinga-led coalition said it will institute private prosecution against the electoral staff who allegedly engaged in malpractices if he fails to take advantage of the amnesty period.
“Our express instructions are that the Commissioners and members of the Secretariat not only committed criminal acts of which they should be held personally responsible, but also aided and abetted the commission of offences under the Elections Offences Act, the Public Procurement Act, the Elections Act and breaches of the Constitution,” lawyer Antony Oluoch said.
Oluoch, who is part of the NASA legal team that handled Odinga’s petition which annulled Uhuru Kenyatta’s August 8 victory, noted that the decision of the Supreme Court did not exonerate any member of IEBC.
“In light of the pending presidential election on October 26, the people cited here cannot continue being in office and neither can they be allowed to perpetuate further illegalities,” he states in the notice that he and other NASA lawmakers presented at the DPP’s office.
“Unless investigations leading to criminal charges and prosecution commence within 72 hours, our instructions are to institute private prosecutions.”
The Mathare MP said the Opposition wants Chiloba and ICT Manager James Muhati, charged with intention to destroy, delete and alter information in computers at the Commission’s Headquarters.
The Opposition further claims it has evidence to prove Chebukati, Commissioners Molu Boya, Abdi Guliye, Chiloba, deputy CEOs Betty Nyabuto and Marjan Hussein Marjan, alongside Muhati, Immaculate Kassait (Voter Education Director), Praxedes Tororey (Legal Director) failed to prevent the alleged electoral offences.
NASA further wants them charged for allegedly contravening the law “to give President Uhuru Kenyatta undue advantage.”
“They unlawfully colluded with Jubilee party and President with the intention of giving undue advantage by securing a win for the party and the President.”
NASA further plans to institute charges against Chiloba, Muhati, Nyabuto, Paul Mbogo and Boniface Wamae who it accuses of creating a username and password using Chebukati’s details to conduct electoral activities between August 5 and 11.
“The unlawful activities were conducted at the electoral body headquarters and eventually manipulated election results by making 9,934 transactions therein,” the law firm said.
“Between August 5 and 11, the above knowingly failed to prevent or report electoral offences committed under the Election Offences Act to the Commission, DCI or DPP. The offences include unlawful logins to Chebukati’s system account and unlawful access to the chairman’s system account.”
Chiloba and Muhati have also been accused of intentionally concealing and destroying the source code used for computers at IEBC.
“The two knowingly concealed, destroyed and altered or destroyed the pass code by adopting a porous file server system to transmit Forms 34B instead of creating from the official IEBC passwords,” he stated.