Jubilee and Nasa demand prosecutions over elections

Jubilee Party Secretary-General Raphael Tuju addresses a press conference at the party’s headquarters in Nairobi on September 14, 2017. He accused Musalia Mudavadi and James Orengo of accessing IEBC server logs without permission. PHOTO | DENNIS ONSONGO | NATION MEDIA GROUP

What you need to know:

  • The opposition has vowed to pursue private prosecution against 12 electoral commission officials.
  • The Constitution states that the DPP shall not require the consent of any person or authority for the commencement of criminal proceedings.

Jubilee and Nasa parties have separately written to the Director of Public Prosecutions demanding prosecution of individuals they accuse of bungling the August 8 presidential election.

President Kenyatta’s party wants Mr Raila Odinga’s chief agent Musalia Mudavadi and Nasa lawyer James Orengo prosecuted for allegedly accessing Independent Electoral and Boundaries Commission servers illegally.

The opposition on the other hand has vowed to pursue private prosecution against 12 electoral commission officials should the DPP Keriako Tobiko fail to file charges against them by Monday.

OFFENCES
Nasa on Friday said the Supreme Court ruling did not exonerate any IEBC official of any criminal liability in respect to the irregularities and illegalities it cited as reasons for annulling the presidential election.

But Article 157 (10) of the Constitution states that the DPP shall not require the consent of any person or authority for the commencement of criminal proceedings and in the exercise of his or her powers or functions, shall not be under the direction or control of any person or authority.

Nasa accuses 12 officials who include chairman Wafula Chebukati and CEO Ezra Chiloba of not only committing criminal acts but also aiding and abetting the commission of offences under the Elections Offences Act, the Public Procurement Act, the Elections Act and breaching the Constitution.

REFORMS
Deputy CEO Betty Nyabuto, elections director Immaculate Kassait, ICT chief James Muhati, head of legal services Praxedes Tororey (who has since retired), Moses Kipkogei, Abdi Guliye, Molu Boya and deputy CEO Marjan Marjan have also been cited for criminal liability.

Others are Paul Mugo and Boniface Wamae.

“In light of the pending presidential election due on October 26, the persons cited cannot continue being in office and neither can they be allowed to perpetuate further illegalities,” Nasa said through Mathare MP Anthony Olouch.

SERVERS
Meanwhile, Jubilee secretary-general Raphael Tuju asked the DPP to launch investigations into how Mr Mudavadi and Mr Orengo accessed IEBC server logs without permission.

Mr Tuju cites an August 10 letter the two wrote to Mr Chebukati, a day before he announced the presidential results, informing him Nasa had “secretly and surreptitiously obtained information” of the actual presidential results in the commission’s servers”.