NASA is seeking private criminal prosecution of IEBC chiefs who bungled the August 8 polls in a new legal and political tactic to eliminate them from overseeing fresh polls.
The opposition announced the decision yesterday as it took the unprecedented decision to snub Parliament completely – including its critical committees.
Speaking after deliberations with its MPs, the opposition chiefs maintained there would be no election on October 17 without a grand house cleaning at Anniversary Towers.
NASA has presented to the IEBC a seven-page document which it terms “irreducible minimum” reforms which must addressed before the repeat polls.
“We are saying, no accountability no elections,” Ford Kenya leader Moses Wetang’ula declared in a joint press conference attended by coalition chief Raila Odinga.
“We are not looking forward to any election, but an election devoid of illegalities and irregularities. These were the strong words of the Supreme Court,” he said.
Wetang’ula said NASA has identified IEBC officials whom he termed “a criminal enterprise” who shall face criminal prosecutions.
The NASA legal team will be led by Siaya Senator James Orengo.
Orengo led the coalition’s battery of lawyers at the Supreme Court that successfully fought for the invalidation of President Uhuru Kenyatta’s victory.
NASA blasted Director of Public Prosecutions Keriako Tobiko as partisan and unwilling to crack the whip.
“We have instructed our legal team led by Senior Counsel James Orengo to study those cases carefully and institute private criminal prosecutions against perpetrators of these crimes. We got the feeling the DPP and other agencies that deal with criminal justice in this country are partisan and are not willing to do their job,” Wetangu’la said.
The NASA artillery has been directed at 11 top officials including CEO Ezra Chiloba and Commissioner in charge of ICT Abdi Guliye.
In its document, NASA has named deputy CEOs Marijan Hussein and Betty Nyabuto, ICT director James Muhati, voter registration boss Immaculate Kassait and legal director Praxedes Tororey as officers that must be fired.
Others are Moses Kipkosgey, Sidney Namulungu, Nancy Kariuki and Silas Rotich.
The Star has established NASA will be relying on Chebukati’s explosive memo to Chiloba as well as Supreme Court revelations as part of incriminating evidence
sh848m on satellite phones
Chebukati revealed his commission spent a staggering Sh848 million purchasing satellite phones for all constituencies and tallying centres which did not function on Election Day. The IEBC chief also protested that his account was created and used to undertake 9,934 transactions in the IEBC server without his knowledge and consent.
The revelations that tens of statutory forms presented before the Supreme Court had no security features contrary to the Sh2.5 billion contract specifications to Al Ghurair is yet more fodder for NASA.
But NASA appears to be headed for a major confrontation with the IEBC since the electoral commission have trashed some of their demands.
On Tuesday, the IEBC made it clear Chiloba will still be at the centre of management of the repeat presidential polls.
The Chebukati-led commission also announced that the controversial Dubai-based firm Al Ghurair will print the new ballot papers.
NASA has rejected the move.
“We will not and shall not participate in any election where it turns out to be a ritual and ends up with computer-generated leaders. We will only participate in elections as are known in civilised democracies where even without agents in any poling station, the electoral body will deliver a fair, just and credible election,” NASA announced.
NASA also agreed to snub all parliamentary sittings and its committees.
Wetang’ula, who is the Senate Minority Leader designate termed as illegal the bicameral Parliament as currently constituted.
“Our MPs will not be party to any parliamentary proceedings or House committees because the Houses as currently constituted are devoid of any legalisty and we shall treat them as Jubilee groupings and group meetings,”declared the Bungoma Senator.
On Tuesday, NASA MPs snubbed Uhuru’s address to Parliament, saying he had no powers to address the new Houses after the nullification of his election.
The Jubilee side rubbished the argument and insisted that Uhuru remains the sitting Head of State.
It is, however, unclear whether NASA, especially its new MPs will resist the allure of power that comes with addressing Parliament.