Esther Nyaikaki. [Photo/ The Star]
Supreme Court registrar Esther Nyaikaki is guilty of misleading the judges during Raila Odinga’s petition, if the logic that the four judges used to nullify the presidential election is to be applied. Ms Nyaikaki has been accused of presenting fake documents to the Supreme Court judges, leading to the nullification of the election outcome. IEBC CEO Ezra Chiloba has revealed that the court relied on forged documents to reach their decision. The documents filed by IEBC at the court, he says, were all signed by returning officers and party agents, had security features and serial numbers. This is contrary to what was presented. Instead of allowing investigations to establish the truth of the matter, Raila Odinga and the Law Society of Kenya have all created barriers meant to shield Ms Nyaiyaki from being probed by the Ethics and Anti-Corruption Commission (EACC). After receiving a complaint from one Rashid Mohammed, EACC was ready to launch investigations into the grave allegations against the registrar, but LSK boss Isaac Okero says investigating Nyaikaki amounts to interfering with the independence of the Judiciary. In a letter to EACC chairman Eliud Wabukala, Mr Okero says the registrar can only be investigated by the Judicial Service Commission (JSC). Raila, the petitioner in the case, has since called a press conference to defend the embattled registrar. Doesn’t this sound like a spirited move to protect someone who helped win a case? When delivering the reasoned judgment for the nullification of presidential election results, Deputy Chief Justice Philomena Mwilu said since IEBC had not allowed full access to its servers, that was prove enough that the commission’s ICT systems had been hacked. Now, using the same logic: since everything is being done to stop any investigations over the alleged forgery on the part of the Supreme Court registrar, she is guilty as accused.