National Super Alliance has issued a notice to the Department of Public Prosecutions of their intent to privately prosecute top IEBC officials for illegalities and irregularities in the August 8 vote.
Through their lawyers, A T Oluoch & Company, NASA gave DPP Keriako Tobiko 72 hours to commence investigations and prosecution of electoral staff who allegedly engaged in malpractices, or else they would do so themselves.
“In light of the pending presidential election on October 26, the people cited here cannot continue being in office and neither can they be allowed to perpetuate further illegalities,” reads the notice.
“Unless investigations leading to criminal charges and prosecution commence within 72 hours, our instructions are to institute private prosecutions.”
IEBC Chairman Wafula Chebukati, CEO Ezra Chiloba, ICT manager James Muhati, Immaculate Kassait, Praxedes Tororey Molu Boya, Abdi Guliye and Marijan Hussein have all been accused of failing to prevent the alleged electoral offenses.
The opposition, however, only specifically demanded that Chiloba and Muhati, who has been suspended, be charged with intent to destroy, delete and alter information in computers at the commission’s headquarters.
“They unlawfully colluded with Jubilee party and President with the intention of giving an undue advantage by securing a win for the party and the President.”
Chiloba and Muhati have also been accused of intentionally concealing and destroying the source code used for computers at IEBC.
“Between August 5 and 11, the above knowingly failed to prevent or report electoral offenses committed under the Election Offences Act to the Commission, DCI or DPP. The offenses include unlawful logins to Chebukati’s system account and unlawful access to the chairman’s system account.”
“The two knowingly concealed, destroyed and altered or destroyed the passcode by adopting a porous file server system to transmit Form 34B instead of creating from the official IEBC passwords.”
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