Supreme Court Registrar Esther Nyaiyaki has protested an order by the Ethics and Anti-Corruption Commission (EACC) to hand over documents and record a statement following claims that she misled judges to nullify President Uhuru Kenyatta’s re-election.
In a letter to Chief Justice David Maraga, Ms Nyaiyaki protested stating that the information demanded by the anti-graft body was privileged as it remains part of the exhibits and forms part of the Supreme Court proceedings.
She asked CJ Maraga to give her directions on whether she should honour summons from EACC.
The letter was copied to the EACC, all the Supreme Court Judges, Secretary of the Judicial Service Commission and Bowry & Company Advocates.
“I am constrained to state that under the oath of office I took, the Supreme Court Act and rules, the Judicature Act and the Judicial Service Code of Conduct, I am unable to avail the information sought by EACC without your formal concurrence or a formal court order bearing in mind the report I prepared was and hitherto remains an exhibit and forms part of the Supreme Court proceedings,” Ms Nyaiyaki stated in the letter.
“I am accountable to the Supreme Court and the JSC and the information sought by EACC is privileged in respect of my duties and assignment issued by the Supreme Court during the presidential petition,” she added.
EACC investigators want the Supreme Court to hand over all the documents Ms Nyaiyaki and her team relied upon in preparing the document that nullified the August 8 election.
The Commission also asked for all forms 34A, 34B, and 34C as they were submitted by IEBC 48 hours after the presidential petition was filed.
EACC further requested for certified copies of pleadings of the petition, certified copies of the judgement (both majority and dissenting), certified copies of correspondence relating to the presidential petition and a certified copy of the court order that granted the National Super Alliance (NASA) access to the IEBC servers.
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