2017 Election Petition Comes Back to Haunt Maraga

  • Chief Justice David Maraga has been put on the spot by the Ethics and Anti-Corruption Commission (EACC) for issuing orders blocking investigators from pursuing Supreme Court Registrar Esther Nyaiyaki.

    The  EACC Spokesman, Yassin Amarrow admitted that investigations that the agency was conducting on Ms Nyaiyaki failed after Justice Maraga issued tough conditions to the investigators.

    A joint investigations team comprising officers from the EACC and DCI had summoned Nyaiyaki over allegations of doctoring a report; which the Supreme Court used to nullify the 2017 presidential election.

    The Supreme Court Registrar reportedly prepared the documents that the majority judges used in their ruling.

     “The file is still open but we failed to proceed after the Chief Justice asked us to obtain a court order from the Supreme Court, which is impractical.” Amarrow claimed.

    He however declined to comment on the status of the investigations, almost two years after the investigations were opened.

    Judiciary Spokesperson Catherine Wambui, failed to respond to the Sunday Standard when asked to comment on the issue.

    The Supreme Court annulled the election victory of President Uhuru Kenyatta and ordered a repeat of the 2017 presidential poll, following a successful petition by NASA.

    These sentiments by the EACC spokesman comes at a time when Director of Public Prosecutions Noordin Haji and Director of Criminal Investigations George Kinoti have put the spotlight on the Supreme Court, demanding the removal of Deputy Chief Justice (DCJ) Philomena Mwilu by the Judicial Service Commission (JSC).

    Haji has presented a petition to the JSC, claiming that Mwilu is unfit to hold public office after she was allegedly involved in a criminal matter.