Supreme Court Registrar: EACC And DCI To Investigate Conduct

Esther Nyaiyaki, the Supreme Court Registrar, is set to be put under investigation after it was revealed that her report used by Supreme Court judges in their presidential election ruling was doctored.

A joint team of investigators from the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI) are said to have been put on the case.

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EACC CEO Halakhe Waqo said the team from the commission and that from the DCI would work together, as the subject of the investigation was similar.

“We have written to the DCI expressing our interest and willingness to work together to tackle this matter and we hope that at the end of the meeting, we will be able to know the direction that we will take,” Mr. Waqo said.

Both teams are meeting today before investigations commence.

The investigations are as a result of complaints lodged in by Mr. Rashid Mohammed last week, who alleged that Forms 34B and 34A examined by Justice Ndung’u were certified copies deposited in court by the IEBC within 48 hours of the filing of the petition challenging the presidential election.

The documents used by other judges, however, had different findings.

“Given the great public interest in the presidential election, the petition that challenged the same and the judgment, it is critically urgent thorough investigations be undertaken,” the letter to EACC read.

Mr. Mohammed filed his complaint through Kioko Kilukumi & Co Advocates where he raised concerns as to whether two contrasting viewpoints could be factual.

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The Jubilee Party on Saturday welcomed the complaint seeking prosecution of Supreme Court Registrar Esther Nyaiyaki.

The party’s secretary-general Raphael Tuju said:

“We associate ourselves fully with the petition, which has been filed by lawyer Kioko Kilukumi because it now emerges that the so-called unserialized, unsigned and unstamped papers were actually the right forms.”

He added that it is a criminal offense if the documents were changed.