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November 18, 2018

Don't let external forces influence Nyaiyaki probe, petitioner tells EACC

An aide carries documents among those in NASA leader Raila Odinga's petition filed at the Supreme Court, August 18, 2017. /JOSEPH NDUNDA
An aide carries documents among those in NASA leader Raila Odinga's petition filed at the Supreme Court, August 18, 2017. /JOSEPH NDUNDA

EACC should resist intimidation by external forces in its quest to investigate Supreme Court registrar Esther Nyaiyaki.

Petitioner Rashid Mohammed has said this in a letter to EACC boss Eliud Wabukala concerning a scrutiny report that informed judges' decision on the presidential election petition.

EACC wants to establish whether Nyaiyaki's report, following an audit of forms, differed from that of Supreme Court judge Njoki Ndung’u.

Mohammed wants the agency to study the dissenting judgements delivered by Ndung'u and Jackton Ojwang as the basis for the probe.

Read: Probe Supreme Court registrar on 'doctored' scrutiny report, voter asks EACC

Through lawyer Kioko Kilukumi, Mohammed said nobody has immunity where criminal cases and investigations are concerned.

"There are no constitutional or statutory provisions for the Supreme Court to issue an order authorising, sanctioning and/or approving criminal investigations under any circumstances," he says.

Mohammed further questions why the judiciary is allegedly being used to obscure a grave matter.

"Our client would have expected the Supreme Court to be the one in the forefront, facilitating investigations to establish who forged these documents."

The petitioner called on the EACC to ensure Nyaiyaki cooperates with, failure of which may be charged with obstructing criminal investigations.

"The crime reported for investigations relates to forgery and falsifications Forms 34As and 34Bs in the report of the registrar and on which the majority judgement appears to have been largely based," the lawyer said.

"It is not difficult to sufficiently appreciate the seriousness of the implications of forging documents which led to nullification of the Presidential election."

Law Society of Kenya president Isaac Okero wrote to Wabukala explaining that the commission has no jurisdiction over matters concerning the judiciary.

Last week, EACC asked Nyaiyaki to submit documents related to the presidential election petition the Supreme Court handled.

NASA leader Raila Odinga filed the petition after IEBC declared Uhuru Kenyatta won the presidential election.

 

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