Siaya Senator James Orengo has sent a stern warning to senior Independent Electoral and Boundaries Commission (IEBC) officials indicating that they are not yet off the hook after the full delivery of the Supreme Court judgement on Wednesday.
The judges led by Chief Justice David Maraga said that they were unable to find any evidence of criminal intent or wrongdoing by either Chairperson Wafula Chebukati, the Independent Electoral and Boundaries Commission (IEBC) commissioners, secretariat or staff.
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Maraga said that the errors emanated from systematic institutional problems and found no proof that any IEBC official committed criminal offences.
However, Orengo who is NASA leader Raila Odinga's lead counsel explained that the highest court in the land had found illegalities and irregularities in the nullified presidential poll and those behind the malpractices must be punished.
The Senator passed the buck to the Director of Public Prosecution (DPP) Keriako Tobiko and said he is now expected to investigate and prosecute officials at the commission found guilty of bungling the August polls.
He clarified that the Supreme Court was an election court and not a criminal one and declared that it was now up to Tobiko to unearth those at the IEBC behind the illegalities and irregularities of the polls.
“The electoral commission failed to open their servers to prove that they conducted a fair election. We cannot have criminals running an independent institution. Something must be done in line with the ruling of the Supreme Court,” Orengo challenged.
Rarieda MP and fellow NASA lead counsel Otiende Amollo, said senior IEBC officials have to be charged because they failed to follow the law hence the nullification of the Presidential results.
“If the IEBC officials are allowed to conduct another election without any action taken against them for the illegalities and irregularities they committed, then they will do the same mistakes,” Dr Amollo affirmed.
Those Odinga's team want punished include IEBC CEO Ezra Chiloba, voter registration and electoral operations director Immaculate Kasait, head of legal department Praxedes Tororey, head of operations Betty Nyabuto and ICT director James Muhati and Manager Legal Department and Advisor to the CEO Moses Kipkogey.