No IEBC staff found culpable over nullified presidential poll

No electoral commission staff has been found culpable by the Supreme Court over the illegalities and technicalities in results transmission that led to the nullification of the August 8 presidential poll.

However, the Supreme Court judges said the evidence presented in court proved a systemic institutional problem that fell short of pinpointing the individuals responsible for the glaring illegalities.

“We are therefore unable to impute criminal intent or culpability on either the 1st [IEBC] and 2nd respondent [Wafula Chebukati], or any commissioner or member of the member of the first respondent. We are similarly unable to find any evidence of misconduct on the part of the 3rd respondent [President Uhuru Kenyatta]. The prayer is therefore disallowed,” ruled Chief Justice David Maraga in the Supreme Court’s final judgment.

On Tuesday, however, the Independent Electoral and Boundaries Commission Chairman Wafula Chebukati ordered the Secretariat’s chief executive officer, Ezra Chiloba, to suspend three officers in the Information Communication and Technologies (ICT) office, including the directorate boss, James Muhati.

In the internal memo that was leaked to the media, Chebukati ordered full and proper investigations to be conducted to restore public confidence in the commission’s ability to carry out the presidential repeat polls which has been planned for October 17.

After the release of the full judgment on Wednesday, the National Super Alliance presidential candidate, Raila Odinga said the opposition will initiate prosecutions against top IEBC officials after Supreme Court delivers full judgment.

Raila has been demanding personnel change, among other things, at the IEBC Secretariat before committing to participate in a repeat presidential poll.

Consequently, the opposition figure has demanded the electoral commission reschedules the poll to a date agreeable to all political stakeholders to allow a clean-up of the Secretariat.