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Man seeks probe into Supreme Court registrar over report

Saturday September 23 2017

Supreme Court Registrar Esther Nyaiyaki

Supreme Court Registrar Esther Nyaiyaki heads a meeting of lawyers handling the presidential election petition, at the Supreme Court on August 26, 2017. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP 

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The Registrar of the Supreme Court Esther Nyaiyaki could be investigated should a complaint lodged before the Ethics and Anti-Corruption Commission establish that her scrutiny report of election results or the forms were doctored.

According to Mr Rashid Mohammed, who has filed the complaint, the scrutiny report that was adopted by the majority judges during the delivery of a judgment on the disputed presidential election results had opposite findings from Supreme Court judge Njoki Ndung'u's minority one.

"The forms 34B and 34A examined by Justice Ndung’u were certified copies deposited in court by the IEBC within 48 hours of the filing of the petition challenging the presidential election," he says.

Mr Mohammed, who has filed his complaint through Kioko Kilukumi & Co Advocates, claimed that the two contrasting viewpoints could not be factual.

"Given the great public interest in the presidential election, the petition that challenged the same and the judgment, it is critical urgent thorough investigations be undertaken," the letter to the commission read.

In the judgment, Justice Ndung’u said she checked all forms 34A and 34B from the 290 constituencies including one from the diaspora.

She indicated that all the said forms were in order and had serial numbers, stamps and signatures yet the registrar’s report had an opposite viewpoint on the same.