Independent Electoral and Boundaries Commission CEO Ezra Chiloba has suggested that the Supreme Court judges who nullified the August 8 presidential election relied on fake documents.
Mr. Chiloba on Tuesday told special investigators that the documents used by the judges were “a sharp contrast” to those presented by the IEBC. He recorded a four-page statement with the special investigators who are probing the problems that led to the nullification.
The embattled CEO who NASA officials are demanding to be fired and prosecuted for his role in the nullified election, spent six grueling hours with detectives at his Anniversary Towers offices, telling investigators it was possible someone ‘doctored’ the report the judges used to reach their landmark ruling that sent shock waves throughout the continent and beyond.
Chiloba told investigators all the documents the IEBC filed in court had serial numbers, complete security features and all had been signed by returning officers and party agents. He presented the certified copies of documents to them.
“All documents presented by the IEBC had security features, serial numbers and [were] signed, contrary to the judgment by majority judges,” he said in his statement.
The CEO who has vowed to stay put, denied any personal responsibility in his statement, saying the commission suffered from systemic failures that cannot be assigned to individuals.
The Supreme Court Judges who ruled to nullify President Uhuru Kenyatta’s victory were CJ David Maraga, DCJ Philomena Mwilu, Smokin Wanjala and Isaac Lenaola. They cited major irregularities and illegalities, especially in tallying and transmission. They also added that some forms were not signed and lacked identification features.
The judges are said to have relied on Supreme Court Registrar Esther Nyaiyaki’s report to make their ruling.
The EACC has since summoned Nyaiyaki to record statements but the judiciary has declined the invitation as well declined to release crucial documents the EACC had demanded from Nyaiyaki for its investigations.
On September 22, Chief Registrar of the Judiciary Anne Amadi wrote back to the EACC and said the judiciary would not release documents without a court order.
Nyaiyaki was appointed by CJ Maraga to supervised a team of ICT experts appointed to examine the materials the IEBC used to declare the presidential result.