× Digital News Videos Opinion Special Reports Lifestyle Central Coast Eastern Nairobi North Eastern Nyanza Rift Valley Western Business News Stocks Financial Standard Africa Asia America Europe Weird News Editorial Commentary Letters Crazy World Features Entertainment Money & Careers Health & Science Sci & Tech Home & Away Generation Next Cartoon Education Pointblank Environment Travel & Destination Columns Kipkoech Tanui uReport Kiambu Murang'a Nyandarua Kirinyaga Nyeri Baringo Bomet Elgeyo Kajiado Kericho Laikipia Nakuru Nandi Narok Samburu Trans Nzoia Turkana Mombasa Kwale Kilifi Tanariver Taita Taveta Kakamega Vihiga Bungoma Busia Siaya Kisumu Homabay Migori Kisii Nyamira Nairobi Uasin Gishu West Pokot Sunday Magazine The Hague Trial Kenya @ 50 Education and Training Health and Environment Insurance and Financial Security Housing Current Affairs Humour Makau Mutua David Oginde Clay Muganda Comand Your Morning Mohamed Wehliye Wednesday Life Alexander Chagema Arts & Culture Kamotho Waiganjo Barrack Muluka Xn Iraki Urban Rights - By Steve Ouma Branding Voice KCB Fredrick Ogola Sunday Magazine Wanja Kavengi Njoki Kaigai David Oginde Ken Opalo Daisy Maritim Houghton Irungu Hustle News Group Stages Round of 16 Quarter Finals Semi Finals Finals Third Place play-offs Opinion Dr Pesa Podcasts Round Table Sepetuko Eve Woman Ramadhan Special Fact Check Correction Explainers The Standard Insider Blog E-Paper Lifestyle & Entertainment Nairobian Entertainment Eve Woman Travelog TV Stations KTN Home KTN News BTV KTN Farmers TV Radio Stations Radio Maisha Spice FM Vybez Radio Enterprise VAS E-Learning Digger Classified The Standard Group Corporate Contact Us Rate Card Vacancies DCX O.M Portal Corporate Email RMS

DPP orders police to probe Raila, Kalonzo over threat to boycott October 26 repeat polls

By Cyrus Ombati | October 6th 2017 at 12:00:00 GMT +0300

National Super Alliance (NASA) principals Kalonzo Musyoka and Raila Odinga at a past press briefing. [File, Standard]

Director of Public Prosecutions Keriako Tobiko has given the police 21 days to investigate Opposition leaders Raila Odinga and Kalonzo Musyoka over their remarks that there would be no elections on October 26.

This followed a complaint to the DPP by lawyer Harrison Kinyanjui on behalf of Samuel Waweru Gikuru.

Tobiko wrote to Director of Criminal Investigations Ndegwa Muhoro on October 2 and directed him to undertake thorough, comprehensive and expeditious investigations into the allegations and report to him within 21 days.

“Such investigations be completed and the resultant investigation files be submitted to this office within 21 days for perusal and appropriate directions,” said Tobiko in his letter.

Repeating statements

Kinyanjui had demanded the investigation, arrest and prosecution of the two Opposition leaders for uttering and repeating statements to the effect that there will be no presidential elections on October 26, in breach of section 13 of the Election Offences Act.

This, according to the lawyer, is in breach of section 131 and 132 of the Penal Code in harassing and intimidating Independent Electoral and Boundaries Commission (IEBC) officers.

Section 132 of the Penal Code states:

“Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints, publishes any words, or does any act or thing, calculated to bring into contempt, or to excite defiance employed in the public service of or disobedience to, the lawful authority of a public officer or any class of public officers is guilty of an offence and is liable to imprisonment for a term not exceeding three years.”

Kinyanjui also argues it is contemptuous to the Supreme Court judgment on the polls.

NASA has said they are ready to go to the elections but will not do so unless their “irreducible minimum” demands are met. The demands include changes at IEBC.

The DPP said a team of prosecutors had been designated to provide technical guidance and assistance to the investigating team. Ethics and Anti-Corruption Commission CEO Hallakhe Waqo was copied in the communication.

This adds to the list that teams formed are investigating in relation to the bungled August 8 presidential polls.

On Tuesday, the DPP ordered police to probe six employees of Safaricom accused of interfering with the poll results.

Safaricom CEO Bob Collymore has defended the employees and protested it was wrong for the politicians to expose them to harm.

Police will also investigate Jubilee chief agent Davis Chirchir after he was named by the National Super Alliance (NASA) in a letter to the DPP.

Private prosecution

NASA had threatened a private prosecution on the targeted individuals.

The Opposition accused Chirchir of illegally accessing IEBC servers.

Chirchir has, however, denied any wrong, saying the access was legally facilitated by the electoral commission to agents of all the six presidential candidates.

[email protected]

Read More