Tobiko orders probe on top IEBC officials over bungled election

September 24, 2017 (4 weeks ago) 11:06 am
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This follows the verdict of the Supreme Court which nullified the presidential election on grounds of massive irregularities and illegalities blamed on some of the IEBC officials. Photo/FILE.
NAIROBI, Kenya Sep 24 – The Director of Public Prosecutions Keriako Tobiko has directed the Ethics and Anti-Corruption Commission and the Directorate of Criminal Investigations to investigate top electoral commission officials and some of the Opposition heavyweights for alleged irregularities and illegalities in the management of the August 8 elections.

Those he wants investigated include IEBC CEO Ezra Chiloba, Betty Nyabuto, Immaculate Kassait, James Muhati, Praxedes Tororey, Moses Kipkogey, Abdi Guliye, Moluboya, Marjan Hussein Marjan, Paul Mugo and Bonface Wamae.

This follows the verdict of the Supreme Court which nullified the presidential election on grounds of massive irregularities and illegalities blamed on some of the IEBC officials.

“Undertake thorough, comprehensive and expeditious investigations into the irregularities and illegalities found by the Supreme Court to have been committed by the IEBC in relation to the Presidential Election with a view of establishing whether electoral and/or other criminal offences including corruption or economic crimes may have been committed by the officials or any of them and those who may have aided, abetted, counseled or procured the commission of any such crimes,” Tobiko wrote in a letter addressed to the Directorate of Criminal Investigations and the Ethics and Anti Corruption Commission chiefs Ndegwa Muhoro and Halakhe Waqo respectively.

Also to be investigated are NASA leaders Musalia Mudavadi and James Orengo—on accusations of alleged possession of unauthorized information obtained from confidential sources at IEBC during the tallying of results.

The DPP said he was petitioned to probe the IEBC officials by civil society group Kura Yangu Sauti Yangu while the probe on the Opposition officials was prompted by a request by Jubilee Party Secretary General Raphael Tuju.
Tobiko now wants the investigations conducted within 21 days and the file sent to him for perusal and ‘appropriate directions.’

When the Supreme Court judge’s majority ruling was delivered, it indicated that there was no sufficient evidence produced by the petitioner Raila Odinga, who challenged the victory of President Uhuru Kenyatta, to show direct criminal responsibility on any of the IEBC officials, and judges did not also recommend an investigation on any of the irregularities identified.

Kenya is scheduled to hold a repeat presidential election on October 26 as ordered by the apex court that ruled that the previous election held on August 8 was null and void.

While Kenyatta has said he is ready for the election, his challenger Odinga has insisted on the need for reforms at the electoral commission—including resignations or sacking of some of the officials now under probe, arguing that they are bound to repeat the same mistakes that led to the cancellation of the presidential results.

“NASA remains ready for a contest with Uhuru but only when the irreducible minimums we have put out are met,” Odinga said Friday, when he declared that “with every passing day, it is getting clear that the conditions will not be met and so there will be no elections.”

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