Chief Justice David Maraga has disappointed NASA led by their leader Raila Odinga following the delivery of Supreme Court’s full judgment on the nullification of the presidential elections of August 8.
After the judges delivered their full judgement, Maraga said that the Supreme Court 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.
Maraga said that the errors emanated from systematic institutional problems and found no proof that any IEBC official committed criminal offences.
The CJ then directed IEBC to organize and conduct a fresh election in strict conformity to electoral laws within the stipulated timelines as required by the constitution.
The judgment will come as a huge relief for CEO Ezra Chiloba who has for now been exonerated from the bungled August 8 polls despite serious indictment of the commission’s work by the court in managing the election.
Chiloba is among senior IEBC officials who NASA wants out before the repeat presidential polls slated for October 17.
Others in the list include 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.
The Odinga team have claimed the said individuals were primarily responsible for bungling the August 8 polls and accused them of being partisan.
But shortly after the judgements, Odinga flanked by Senior Counsel James Orengo, other NASA leaders and their legal team outside the Supreme Court insisted that they would not go to an election until IEBC rectifies the mistakes that have been cited by the judges.
“IEBC and the service providers were in contempt of court because they were hiding something. Votes were manipulated at the constituency and national tallying centres,” Odinga stated.
Orengo said that the Supreme Court was not a criminal court to investigate the IEBC staff and announced that it was now up to the Director of Public Prosecution (DPP) Keriako Tobiko to investigate and prosecute officials at the commission found guilty of bungling the August polls.