The Government through the Office of the Director of Public Prosecutions (DPP) headed by Keriako Tobiko has ordered a probe into officials of the IEBC to establish who was responsible for the irregularities and illegalities in the August elections.
Mr Tobiko has moved swiftly giving Ndegwa Muhoro, head of the Directorate of Criminal Investigations (DCI) and Ethics and Anti-Corruption Commission (EACC) CEO Halaqhe Waqo 21 days to report their findings.
The DPP stated: “I write therefore and pursuant to the provisions of Article 157 (4) of the Constitution… of the Elections Offences Act 2017 to direct and require you to, undertake jointly thorough, comprehensive and expeditious investigations into the irregularities and illegalities found by the Supreme Court to have been committed by the IEBC in relation to the presidential elections with a view of establishing whether electoral and or other criminal offences may have been committed by the IEBC officials.”
The full Supreme Court ruling delivered on Wednesday found that the election was marred by irregularities and illegalities, but failed to find any IEBC official criminally culpable.
The probe is expected to shed some light on who exactly is to blame for the blunders that led to the nullification of the August 8th Presidential Election.
The move is also necessary to restore public confidence in the electoral body with the fresh election scheduled for October 26th.
The National Super Alliance (NASA) had on Friday gave the DPP 72 hours to institute legal proceedings into top IEBC officials they accuse of sabotaging the electoral process, announcing that they would otherwise pursue private prosecution.
Through A.T. Oluoch & Company Advocates, NASA ordered the DPP to take action against "all Commissioners and members of the Secretariat who not only committed criminal acts of which they should be held personally responsible but also aided and abetted the commission of election offences."
"The decision of the Supreme Court did not exonerate any member of the Commission any personal criminal liability in respect of the irregularities and illegalities cited," read part of the statutory notice.
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