Probe court officers over registrar's report, EACC told

Supreme Court Judge Njoki Ndung’u Photo:Courtesy

A lawyer wants court officers who wrote a report that forms 34A and 34B appeared forged to be investigated and punished following revelations by Supreme Court Judge Njoki Ndung’u that her scrutiny showed they were genuine.

On behalf of Rashid Mohammed, lawyer Kioko Kilukumi wrote to the Ethics and Anti-Corruption Commission (EACC) demanding that those who prepared the Registrar of the Supreme Court Esther Nyaiyaki's report be investigated.

 The letter was copied to Director of Public Prosecution Keriako Tobiko, the Inspector General of Police and the Director of Criminal Investigations.
Mr Kilukumi says Justice Njoki Ndung'u's finding leads to a conclusion that those who prepared the scrutiny report doctored it in order to subvert justice.

“The two contrasting viewpoints cannot be factually correct. The Forms 34A and 34B examined by Justice Ndung’u were certified copies deposited by IEBC within 48 hours of filing of the petition challenging the presidential election," says Kilukumi. 

Justice Njoki revealed that her colleagues never scrutinised the forms deposited in the court’s registry.

“The basis of their determination (majority) is that there was no plausible explanation when Immaculate Kassait had indicated that all Forms 34A and 34B bore these features," she said.

"The court, however, had the option to personally examine the original forms deposited in the registry; the majority did not do so,” the judge revealed.

 “Having looked at all the Forms 34A and 34B (290 constituencies and one Diaspora), I am satisfied that all the forms met the required threshold in form and content," she said.

Kilukumi says there is a serious case of subverting of justice and there ought to be thorough investigations to establish the reason behind the falsified report given to the court.

“Any person or persons found to have committed offences be speedily brought to book,” he says.