Chief Justice David Maraga follows proceedings at the Supreme Court on August 28, 2017 during the presidential election petition. [Photo: Nairobi News]There is an ugly standoff pitting the Judiciary against the police, the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Public Prosecutions (DPP).This is over allegations that forged documents were used in the determination of presidential petition that nullified incumbent President Uhuru Kenyatta's reelection.
At the heart of this standoff, the Star reports, is the validity of the Supreme Court judgment and the documents forming its basis.
In the standoff, the Judiciary has declined to cooperate with the multi-agency team probing the matter first raised by lawyer Kioko Kilukumi.Kilukumi, suing on behalf of a voter, argued the report presented by Supreme Court Registrar Esther Nyaiyaki and the dissenting judgment by Justice Njoki Ndung'u were different. He said both could not be correct demanding an investigation into whether the Registrar's documents were forged.The Supreme Court ruling relied heavily on Nyaiyaki's documents prepared for the petition hearing.In her dissent, Ndung'u said she examined all original documents and found the election was proper and Kenyatta duly elected.After Kilukumi's complaint, the Star adds, DPP Keriako Tobiko announced a joint team from the EACC and DCI would investigate and appropriate action would be taken.The team wrote to the Judiciary last month, asking to be provided relevant documents. They requested Nyaiyaki appear before the investigators. The judiciary has declined the invitation.This led to a crisis meeting in the Judiciary, in which the leadership reportedly felt threatened. Sources familiar with the meeting said they contemplated obtaining orders from the court to block the investigation until CJ David Maraga who is in Tanzania, could give directions.
President Uhuru Kenyatta vowed to 'revisit the Judiciary' after his reelection on August 8 was nullified by the apex court.