National Super Alliance (NASA) on Friday asked the Director of Public Prosecutions (DPP) to initiate private prosecutions against IEBC commissioners and its secretariat.
In their report to the DPP, Keriako Tobiko the coalition wants Wafula Chebukati, Ezra Chiloba, Immaculate Kassait, Betty Nabuto, Moses Kipkogei, Abdi Guliye, Molu Boya, Praxedes Tororeyand Marijan Hussein Marijan to be investigated for committing election offenses that led to the nullification of the August 8 presidential election.
Raila Odinga has through his lawyers directed that the officials be charged with colluding with a political party or candidate for the purpose of giving undue advantage to the political party or candidate.
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He alleges that the electoral body ‘between 5 and 11 August at the IEBC headquarters colluded with President Uhuru Kenyatta and his party’ to award him the presidency.
The former prime minister also wants the officials prosecuted for ‘conspiracy, destroying or altering information residing in a computer resource or diminishing its value or utility.’
He alleges that the ‘CEO Ezra Chiloba and ICT Director, James Muhati on the 14 August deleted information and uploaded false information on an exercise book.’
The NASA camp also wants Muhati, ICT coordinator Paul Mugo, Betty Nyabuto, Boniface Wamae and the CEO to be charged with hacking the commission’s computer systems.
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The DPP has also been asked to charge Chiloba and Muhati for knowingly concealing and destroying the passcode by adopting a porous file server system to transmit form 34B instead of creating and using secure IP address and using password different from the official passwords.
The opposition has maintained that the officials should not be in office nor conduct another election.
The Chief Justice David Maraga while delivering the detailed majority judgement said that the court did not find criminal culpability among the IEBC officials.
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