Chief Justice David Maraga at the Supreme Court. [PHOTO/the-star.co.ke]
A voter identified as Rashid Mohamed reached out to the EACC to probe Judiciary registrar Esther Nyaiyaki for reportedly giving a conflicting report used to issue the recent majority judgment in the presidential election petition.
Through his lawyer Kioko Kilukumi's firm, Rashid wrote to EACC demanding that the investigating body looks into the two judgments.
"The four Supreme Court judges majority judgment was clearly largely based on the report by registrar Esther Nyaiyaki, while the dissenting judgment by Justice Njoki Ndung'u sets out in extension her examination of all the Forms 34Bs from the 290 constituencies and the additional one for the diaspora," he says.
He says that in Justice Njoki Ngungu's dissenting ruling, she argued that before submitting her judgment, she verified the disputed Forms 34A that were deposited in court by IEBC within 48 hours after NASA filed the petition.
"She states in her judgment in which she sets out a chart in respect of the forms that she found all the forms in order regarding serial numbers, stamps and signatures," Mohamed says.
He demands that whoever gave out a "doctored" report to the top court charged.