• The party had singled out Deputy President William Ruto, and ODM leader Raila Odinga in its letter to the commission.
• The commission responded to the party in a letter seen by the Star dated March 22, 2022.
The Independent Electoral and Boundaries Commission now wants the Director of Public Prosecution Noordin Haji to probe two leading presidential contenders
The two, ODM leader Raila Odinga and deputy president William Ruto, are on the spot for allegedly contravening sections of the Elections Act, IEBC said.
This is after the Thirdway Alliance Party wrote to the commission demanding action over what they termed as "early campaigns" and "use of public resources" by the two.
It is for that reason that the electoral body forwarded the matter to the Director of the Public Prosecution Noordin Haji for further action.
"Section 14 of the Election Offences Act, 2016 outlaws use of public resources for the purpose of campaigning during an election...in addition, pursuant to Section 21 of the Act, it is the Director of Public Prosecution that has the power to order investigations and to prosecute offences under the Act."
Chebukati added, "It is in this premise that we wish to escalate this complaint to your office to deal since the same falls under your purview."
In a letter dated March 11, the Thirdway Alliance party expressed its concern to the commission expressing its displeasure on the manner in which early campaigns had gained currency and the use of public resources to advance personal and political objectives.
The party singled out Ruto and Raila in their letter to the commission.
Thirdaway said that both Ruto and Raila, who are the front runners in the August 9 presidential race were enjoying an undue advantage over others by dint of using public resources.
The party leader Ekuru Aukot had also called for the immediate resignation of President Uhuru Kenyatta and his deputy Ruto.
Party leader said the duo violated various provisions of the Constitution of Kenya 2010, and the honourable thing to do is to resign.
“Thirdway Alliance Kenya now demands that both of you – Uhuru Kenyatta and William Ruto- must resign forthwith and pave way for a caretaker government. There are constitutional mechanisms to fill in that void,” he said.
While addressing the President, Aukot claimed that not long after Uhuru was re-elected in October 2017, he not only abdicated his responsibilities of office but also decided to use public resources and powers bestowed on him to plan for succession politics.
Aukot said that events that followed the March 9, 2018 handshake revealed a well pre-planned scheme where Uhuru has been running a project to install his preferred successor as president of Kenya.