Supreme Court registrar Esther Nyaiyaki has responded to summons by the Ethic and Anti-corruption Commission (EACC).
She has protested a directive by the anti-agency to avail documents and record a statement on claims that she misled judges to nullify President Uhuru Kenyatta’s re-election.
EACC summoned Nyaiyaki on September 25 through the officer of Chief Registrar of the Judiciary Ann Amadi.
EACC does not disclose the complainant but states Nyaiyaki falsified the audit report which the Supreme Court premised its decision upon to nullify August 8 polls.
The anti-graft body also wants the judiciary to produce the original report she prepared.
In her response, the Supreme Court registrar says she is waiting for the Chief Justice David Maraga to give her direction if she should honour EACC summons since she is subject to scrutiny by the Judicial Service Commission.
“In any event, I would have expected that if there is any alleged impropriety against me, Article 172, 1 (c) as read with Article 252 1 of the constitution gives JSC powers to conduct investigation either on its own initiative or a complaint made against a Judicial officer,” she said in her response letter as Daily Nation quotes.
The letter was copied to EACC, all the Supreme Court Judges, Secretary of the Judicial Service Commission and Bowry and Company Advocates.
EACC wants all documents handled by the registrar in preparing the original report that Supreme Court Judges relied upon to quash Uhuru’s victory submitted to the agency.
All forms 34 As, Bs and Cs submitted by the IEBC should be handed over to EACC.
Other documents needed by the EACC include certified copies of the petition pleadings, certified copies of the judgement— both majority and dissenting— and a certified copy of the court order that granted the National Super Alliance access to the IEBC servers.
However, Nyaiyaki protested this directive noting that it is a preserve of the judiciary.
“I am constrained to state that under the oath of office I took, the Supreme Court Act and rules, the Judicature Act and the Judicial Service Code of Conduct, I am unable to avail the information sought by EACC without your forma concurrence or a formal court order bearing in mind the report I prepared was and hitherto remains an exhibit and forms part of the Supreme Court proceedings,” she remarked
She added she carried out her functions as the registrar of the Supreme Court in line with section 9 and 10 1 (j) of the Supreme Court Act.
“I am accountable to the Supreme Court and the JSC and the information sought by EACC is privileged in respect of my duties and assignment issued by the Supreme Court during the presidential petition,” she states further.
By Pharis Kinyua. He’s an online Journalist and an author for Jamhuri News