A new twist has emerged regarding the Supreme Court’s full judgement that nullified President Uhuru Kenyatta’s win in the August 8 presidential election.
A top City lawyer has petitioned the Ethics and Anti-Corruption Commission (EACC) to probe the court’s registrar, Esther Nyaiyaki, for what he described as serving wrong documents to the judges from which they made their ruling.
Acting on behalf of Rashid Mohammed, seasoned counsel Kioko Kilukumi wrote to the anti graft body with claims that dissenting judge Njoki Ndung’u in her detailed judgement revealed contrary to what her colleagues who nullified the election ruled, that all forms 34A and 34B had all the security features required.
Four judges ruled in favour of petitioner Raila Odinga who had told the court that the forms lacked the features, an indication that they were forged to alter the election results. According to the National Super Alliance, the vital documents didn’t have watermarks and serial numbers among other things.
But come Wednesday, September 20, Justice Njoki dismissed her four colleagues were not thorough in their work, that they did not take their time to scrutinise the contentious forms. Njoki said that when she later scrutinised the forms, they had all the features required and were intact.
“The court had the option to personally examine the original forms deposited in the registry; the majority did not do so,” part of a 400 plus dissenting judgement by Njoki Ndung’u reads.
Kilukumi says in a letter copied to both DPP Keriako Tobiko and Inspector General of Police Joseph Boinnet that the two contrasting viewpoints cannot be factually correct.
“The Forms 34A and 34B examined by Justice Ndung’u were certified copies deposited by IEBC within 48 hours of filing of the petition challenging the presidential election,” he noted.
The letter goes on to add that any person or persons found to have committed offences should be speedily brought to book.
At the centre of the complaints is Nyaiyaki who is accused of serving the judges with the wrong forms leading to the majority nullifying Uhuru’s win as opposed to two who upheld it. The majority carried the day.
