MPs say those responsible for failed election must pay for their sins

James Aggrey Mwamu an advocate of the high court. [Picture:Robert Amalemba/Standard].

Pressure piled for the prosecution of election commission officials blamed for the irregularities that led to the nullification of the presidential election by the Supreme Court.

Lawyers Aggrey Mwamu and Nelson Havi argued that the indictment of the Independent Electoral and Boundaries Commission (IEBC) by the Supreme Court now allows Director of Public Prosecutions (DPP) Keriako Tobiko to act fast and investigate those responsible for acts of omission and commission that led to the bungled election.

And Opposition MPs Opiyo Wandayi (Ugunja), Junet Mohamed (Suna East) and Ben Momanyi (Borabu), praised the Supreme Court decision to invalidate President Uhuru Kenyatta’s election, saying it had asserted the independence of the Judiciary.

The lawyers said that someone or persons within the commission must take full responsibility for the magnitude of negligence.

“The judges confirmed that IEBC went around the decision of the Court of Appeal on Maina Kiai’s petition. The failure by the commission to transmit the dual results is in itself a breach of the court order,” said Mr Havi.

The constitutional lawyer said the court’s finding that the commission, at the time of the declaration of the results, did not have forms 34A and 34B as prescribed in law, was an indictment on the commission.

Affected outcome

Mr Mwamu said the court found the illegalities and irregularities largely affected the outcome of the presidential election, adding that the court’s advice to the commissioners and other IEBC staff to do some soul searching was an indictment on their negligence.

“Billions of shillings were spent and Kenyans will still fund the repeat election. Clearly, somebody must take full responsibility for the mess we are in. Somebody in the commission must be held accountable,” said Mwamu.

But Mr Wandayi argued that the detailed judgement and conditions of the Supreme Court judges showed the commission would be unable to comply strictly with orders before a repeat of the poll.

“Extraordinary times call for extraordinary measures. What we have heard today (yesterday) seems to put us in a constitutional crisis. The IEBC as currently constituted cannot meet and implement the changes within the limited time. They must be honest enough to say so,” he said.

“It’s a milestone for the country. It shows the country has institutions. Kenyans should be proud of the Supreme Court, which is now being described as better than that of the US,” said Mr Mohamed.