The NASA coalition, through their legal representatives A.T. Oluoch & Company Advocates, have filed a statutory notice to initiate private prosecution of IEBC officials believed to have had a hand in bungling the nullified 8th August presidential polls.
Officials the coalition wants prosecuted include Ezra Chiloba, Wafula Chebukati, Betty Nyabuto, Immaculate Kassait, James Muhati, Boniface Wamae, Paul Mugo, Praxedes Tororey, Moses Kipskogei, Abdi Guliye, Molu Mboya and Marijan Hussein Marijan.
NASA accuses the aforementioned persons to be variously charged with the following offences:
- Colluding with a political party (or candidate) to give the said party undue advantage in the nullified elections.
- Willfully subverting the law to give undue advantage to a candidate or political party on partisan, ethnic, or any other unlawful consideration.
- Failure to prevent or report electoral offences committed in contravention of the Elections Offences Act.
- Intentional concealment, destruction, and alteration or causing another party to conceal, destroy or alter the passcode by using an insecure file server system to transmit Forms 34B instead of using a secure system accessed only using official IEBC passwords.
- Intention to destroy, delete or alter information in IEBC computer systems and uploading of false information in an exercise book.
- Unlawfully creating an account with a username and password in the name of Wafula Chebukati and using the account to manipulate election results by making 9934 transactions.
The coalition wants persons cited in the notice to be barred from conducting the elections slated for 26th October. The legal team also states that if criminal investigations are not launched on the cited person within 72 hours, they will initiate private prosecutions in accordance with Section 28 of the Office of the DPP.
Earlier on, IEBC Director of Legal and Corporate Affairs Mrs. Praxedes Tororey Chepkoech stepped down from her post in what she termed as retirement. Mrs Tororey is one of high ranking official in IEBC the NASA coalition accused of abetting vote rigging.