The Director of Public Prosecutions Keriako Tobiko is calling for the investigation and prosecution of NASA principals; Raila Odinga and Kalonzo Musyoka for their elections boycott threat.
In a letter to DCI boss Ndegwa Muhoro on October 2, Tobiko said the opposition presidential candidate and his deputy will be probed for saying there will be no repeat election on October 26. Their statements contravened Section 132 of the Penal Code.
He also wants Raila and Kalonzo investigated for breach of Section13 (k)(i) of the Elections Act, 2016, and for contempt of the orders of the Supreme Court for fresh elections.
The Supreme Court ordered that fresh elections be conducted within 60 days effective September 1.
NASA has, however, maintained that even though it is ready for the fresh elections, it will not participate following the amendments to the electoral laws as well as until the IEBC secretariat is reconstituted. They say that the electoral body, in its current form, cannot conduct credible polls.
Tobiko asked the DCI chief to complete the investigations on the allegations within 21 days for appropriate actions to be taken.
“I call on the DCI to undertake thorough comprehensive and expenditure investigations,” said Tobiko.
“I have also designated a team of senior prosecutors to provide technical guidance and assistance to investigating teams,” he added.
Tobiko’s call for prosecution follows a petition filed by Samuel Waweru through Harrison Kinayanjui & Co. Advocates.
Mr. Odinga said the repeat presidential poll will not be held unless their “irreducible minimums” are met by the IEBC.
He wants several election commission officials including CEO Ezra Chiloba sacked, a review of the KIEMS provider OT-Morpho and a change from Al-Ghurair ballot paper printing firm.
IEBC and Jubilee Party, on the other hand, say they are ready to proceed with the poll with the current results transmission system, ballot papers printing firm, and with Chiloba at the helm of the secretariat.