In Summary
  • DPP calls on police to investigate officials who could be culpable in bungled election.
  • Commission writes to opposition over irreducible minimums and steps taken.
  • Coalition to meet Monday review the responses and chart way forward on election
  • IEBC is on Monday expected to give a comprehensive response to conditions set out by Nasa to be met before they can take part in the repeat presidential election slated for October 26.

The Director of Public Prosecution Keriako Tobiko on Saturday ordered the police and anti-corruption commission to investigate top officials at the electoral commission over irregularities touching on last month’s elections.

Mr Tobiko gave the head of Directorate of Criminal Investigations Ndegwa Muhoro and the Ethics and Anti-Corruption Commission (EACC) CEO Halakhe Waqo 21 days to report back to him.

“I write therefore and pursuant to the provisions of Article 157 (4) of the Constitution… of the Elections Offences Act 2017 to direct and require you to, undertake jointly thorough, comprehensive and expeditious investigations into the irregularities and illegalities found by the Supreme Court to have been committed by the IEBC in relations to the presidential elections with a view of establishing whether electoral and or other criminal offences may have been committed by the IEBC officials,” he said.

This came as the electoral commission is on Monday expected to give a comprehensive response to conditions set out by Nasa to be met before they can take part in the repeat presidential election slated for October 26.


The decision, in the form of writing, could be the turning point in an already poisoned environment as the opposition holds that any indication the Independent Electoral and Boundaries Commission (IEBC) is not addressing what they call irreducible minimums will not only see them boycott the poll but also ensure it does not take place.

Suna East MP and ODM director of elections Junet Mohamed told the Nation that commission chairman Wafula Chebukati had promised to get back to them Monday.

“We should be getting their feedback tomorrow on what we want done before we can take part in the elections. Like our candidate Raila Odinga has said before, we will be foolish to allow ourselves to be led to a slaughterhouse presided over by Jubilee,” he said.

TheNation also established that the Commission was set to meet with President Kenyatta and Mr Odinga on Wednesday.

The meeting which had initially been set for Wednesday last week was rescheduled to allow the parties study details of the Supreme Court judgement. It will take place at the Bomas of Kenya, the national tallying centre.

“We want to move forward together. Once we meet them, the whole preparations will be thrust back on course after the Supreme Court gave the full judgment,” a commissioner confided to us yesterday.

The official said that majority of what Nasa was demanding was, “doable but we are careful to do this in such a way that we also keep the confidence of their Jubilee competitors.”


IEBC’s Communications Manager Andrew Limo confirmed the Wednesday meeting but would not comment on the planned response to Nasa.

“The commission is keen to explain to the candidates what we are doing towards achieving free and fair presidential elections. We hope to do so on Wednesday,” he said.

The opposition’s list of irreducible minimums broadly consists of personnel changes at IEBC, reforms on technology for election, identification of a new printer for the ballot papers as well as operational and logistical reforms.

Foremost on Nasa’s list of demands is the personnel changes. For this, Nasa has provided a list of 11 officials including IEBC commissioner Abdi Guliye, CEO Ezra Chiloba and deputy CEO Betty Nyabuto, who should be shown the door.

The list also includes deputy CEO Marjan Hussein Marjan who was recently appointed by IEBC chairman Wafula Chebukati to head the project team for the fresh elections, directors James Muhati (ICT), Immaculate Kassait (voter registration and electoral operations), Praxedes Tororey (legal and public affairs, who has already retired) an adviser to the CEO Moses Kipkogey, Sidney Namulungu, Nancy Kariuki and Silas Rotich.

Besides Mr Marjan, others in the black list of Nasa but who were recently appointed to the project team are Dr Namulungu, Ms Kariuki and Mr Rotich.


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