Supreme Court Officials in Trouble Over Report on Forms 34A and 34B

  • The Ethics and Anti-Corruption Commission (EACC) has been ordered to investigate and punish judiciary officers who prepared a report on documents tabled at the Supreme Court for the presidential petition.

    A voter identified as Rashid Mohammed, through lawyer Kioko Kilumi, wrote a letter to EACC demanding that those who prepared the report including Registrar of the Supreme Court Esther Nyaiyaki to be investigated.

    This comes after Justice Njoki Ndung'u, in her dissenting ruling, revealed that some of the contested forms 34A and 34B were signed and had security features, contrary to the findings of the report.

     The letter, which was copied to Director of Public Prosecution Keriako Tobiko, the Inspector General of Police and Director of Criminal Investigations, indicated that the individuals did not verify the report submitted to the registry.

    “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 the filing of the petition challenging the presidential election,"Kilukumi stated.

    “Any person or persons found to have committed offences should be speedily brought to book,” added.

    During the reading of the full ruling, Justice Njoki faulted her colleagues who ruled in favour of National Super Alliance (NASA) leader Raila Odinga for not scrutinising the forms deposited in the Court's registry.

    “The basis of their determination is that there was no plausible explanation when Immaculate Kassait had indicated that all forms 34A and 34B bore these features. 

    "The court, however, had the option to examine the original forms deposited in the registry personally; the majority did not do so,” she noted.

    “Having looked at all the forms 34A and 34B (290 constituencies and one Diaspora), I am satisfied that all the forms met the required threshold in form and content," she stated.

    Mr Kilukumi, therefore, noted that those responsible committed a serious offence of subverting justice and should be prosecuted.