Nasa refuses to let Safaricom staff, Chirchir go scot-free
President Kenyatta's chief agent Davis Chirchir. Nasa wants him prosecuted. PHOTO | FILE |
What you need to know:
- Nasa has levelled three counts against Mr Chirchir whom they accuse of accessing the IEBC server.
- The Safaricom officials are accused of concealing or altering election results between July 25 and August 11,2017.
The National Super Alliance (Nasa) has given the Director of Public Prosecutions (DPP) Keriako Tobiko 72 hours to prosecute six senior officials of Safaricom and the Jubilee Party’s chief presidential agent Davies Chirchir, claiming they meddled with the transmission of the election results during the August 8, 2017 General Election.
Nasa alleges that between July 25 and August 11, 2017 at the Safaricom Limited Headquarters, its six senior staff acting in concert with others intentionally and or recklessly damaged and interfered with Kenya Integrated Election Management System (Kiems) kits used in the polls.
KIEMS KITS
It alleges that Safaricom permitted the use of 100 Kiems kits stolen from the Independent Electoral and Boundaries Commission prior to the death of its ICT manager Chris Msando by switching off the Kiems GPRS and the geo-fencing features from August 5, leading to transmission of poll results from 10,366 polling stations.
The alleged results were unaccompanied by Forms 34A as prescribed by law.
Through lawyer Antony Oluoch, Nasa says it will commence private prosecution against Mr Chirchir and the six Safaricom employees.
They are Mr Thibaud Rerolle (French National Director Technical and IT Safaricom), Antony Gachanja (Head of Technology Security), Shaka Kwach (Head of Special Projects-incharge of elections), Robert Mutai (head of technology strategy, assurance and governance), Farouk Gaffour (head of network and services operations) and Andrew Masila (senior manager, strategy and architecture).
OFFENCES
In the demand letter dated September 29, the DPP has been given three days to commence prosecution of the suspects.
“Nasa brings to your attention the possible offences that may have been committed by Safaricom and its staff during the handling of the contract between Safaricom and Independent Electoral and Boundaries Commission (IEBC) in providing safe passage of data and results from Kiems kits to a remote server based in France,” Mr Oluoch says in the letter.
"Our express instructions are that Safaricom Limited and D. Chirchir have committed criminal offences for which they must be punished,” he says.
IEBC SERVER
The lawyer says Mr Chirchir and Safaricom Ltd not only committed criminal acts but also abetted the commission of offences under the Elections Act, Public Procurement Act, Penal Code and breaches of the Constitution.
“Unless investigations leading into criminal charges and prosecution within 72 hours, our instructions are that we commence a private prosecution within 72 hours pursuant to Section 28 of the Office of DPP,” Mr Oluoch adds.
Nasa has levelled three counts against Mr Chirchir whom they accuse of accessing the IEBC server and computer systems using a username "dkchirchir" and user email “[email protected]” on August 8, 2017 between 21:39-51 hours and August 10, 2017, 14:38:23 hours.
PLOT
They accuse him of altering the presidential election results.
Nasa also filed three counts against the Safaricom employees whom its accuses of intentionally concealing and or causing another to conceal or alter any computer code used in a programme.
The Safaricom officials are accused of concealing or altering election results between July 25 and August 11,2017.
They are further accused of conspiring to commit election offences.
