You are aware that we have spelled out to the IEBC our position, namely the irreducible minimums package of actions that will ensure that the fresh election complies with the Supreme Court’s order that it must be in strict conformity with the Constitution and the law.
You will also be aware that the IEBC had invited the parties to the election to a meeting on Wednesday, but the meeting was deferred, because the Supreme Court chose to read the judgment on that day.
We regret to inform the public today that the IEBC continues to proceed on a business as usual manner that it has adopted since the annulment of the presidential election.
We have received a letter from the Chairman of the IEBC as a follow-up to a technical meeting between NASA, Jubilee and the commission in which it has communicated its unilateral decisions on all the critical aspects of the election, thus making any further engagement superfluous.
Of note, the Chairman’s letter avoids entirely the issue of accountability for the illegalities and irregularities that precipitated invalidation of the August 8 election. This is despite the fact that several of its senior officers are now formally under investigation.
Moreover, the Chairman’s letter contains yet more admissions by the IEBC of culpability by stating that “the system functionalities have been reconfigured to ensure that there is no text result transmitted without the scanned image”, which amounts to admitting that this functionality was subsequently tampered with.
This is yet more evidence the KIEMs provider Safran Morpho as well as the telecommunications service providers are IEBC’s partners in crime, who must also be held to account.
First, the fresh election must conform to the Constitution and the law, as ordered by the Supreme Court.
Second, there must be full accountability for the August 8 election.
In this regard, we demand that all the IEBC officers now under investigation must step aside.
Third, we shall not accept the participation of existing suppliers unless and until they are cleared of acts of commission or omission in the illegalities and irregularities of the August 8 election.
We have in our possession very credible evidence that points to culpability of Safaricom Ltd on the basis of which we are proceeding to institute a private prosecution against the company and its directors.
The writer is the Bungoma Senator