Kenya’s poll agency, Independent Electoral and Boundaries Commission (IEBC) CEO Ezra Chiloba maintains Supreme Court Judges relied on forged documents to nullify August polls.
Through a six-hours grilling session by detectives on Tuesday, reports the Star, Chiloba said documents relied upon by the 4 judges who nullified the polls were forged.
Chief Justice David Maraga, DCJ Philomena Mwilu, Justices Smokin Wanjala and Mohammed Ibrahim ruled in favor of the petitioner, Raila Odinga.
Justices Njoki Ndungu and Jackton Ojwang gave a dissenting judgment on the case.
Chiloba told the team of investigators probing what could have led to nullification of the polls that all documents delivered from IEBC to the court had security features, were all signed by returning officers and stamped.
But in issuing the majority judgment, the judges cited that some of the Forms 34A and 34B did not have security features, were not signed and some had not been stamped which was one of the reasons factored in nullifying the polls.
“All documents presented by the IEBC had security features, serial numbers and [were] signed, contrary to the judgment by majority judge,” said Chiloba.
The CEO in a move to vindicate himself and the commission, furnished the probing team with certified copies of all documents they presented the Supreme Court Registrar Esther Nyaiyaki with in the petition filed by NASA.
He also recorded a four-page statement with four special investigators probing possible reasons that led to the elections being nullified.
After the ruling was issued on September 1, guns were trained on Nyaiyaki for allegedly misleading the court by providing false documents.
A petitioner wrote to EACC demanding that Nyaiyaki be investigated for judicial misconduct.
EACC wrote to the Supreme Court asking to be furnished with all the documents IEBC presented to Nyaiyaki as she records a statement with the anti-graft agency.
But in response, Nyaiyaki wrote back to EACC citing that she is under the purview of Judicial Service Commission which should investigate her in the event misconduct on her part is reported.
Judiciary registrar Anne Amadi also wrote to EACC and declined to release the documents stating they will only do that if a court order is issued.
LSK President Isaac Okero in a letter to EACC said Nyaiyaki can only be probed by JSC.
“It is only the Supreme Court of Kenya that has the judicial and constitutional authority to investigate any complaint as to whether or not there has been compliance with its orders,” he said as the Star further quotes.
NASA wants Chiloba and nine other officials out of the commission.
They say as head of the commission’s secretariat, he is culpable of bungling the August polls.
By Pharis Kinyua. He’s an online Journalist and an author for Jamhuri News