DPP Keriako Tobiko

Kenya’s Director of Public Prosecution, Keriako Tobiko, has directed the Department of Criminal Investigation (DCI) and the the Ethics and Anti-Corruption Commission (EACC) to commence investigations into the actions of officials from the Independent Elections and Boundaries Commission (IEBC) to ascertain whether there were any illegalities involved with last month’s presidential election.

Eleven officials at the IEBC, including its Chief Executive and one of the Commissioners are to be investigated. The DPP has given the investigators 21 days to report back to him.

Tobiko has also ordered an investigation into the activities of two of the main opposition’s leading figures, lawyer James Orengo and Nasa’s co-leader Musalia Mudavdi, over allegations that they accessed the IEBC’s servers and threatened Uhuru Kenyatta’s chief election agent.

As directed by Tobiko the EACC and DCI will have to determine if any electoral or criminal offences were committed by IEBC officials.

In the ruling by Kenya’s Supreme Court last week the court declared that it had found no evidence of individual ‘culpability’ by election board officials. The failings associated with the election process, the court determined, were institutional, not criminal.

However, Tobiko has reportedly said that the Supreme Court’s findings did not stop him from pursuing a further investigation.


In a separate development, Africa’s Intergovernmental Authority on Development (IGAD), whose observer mission at the August 8 election have given the process a clean bill of health, has warned against any attempts to hinder the IEBC’s administration of the presidential election re-run due on October 26.

“Sabotaging [the] IEBC or boycotting the elections will put Kenya in a constitutional crisis and likely on a path to an unconstitutional change of government” and IGAD statement declared. IGAD says it is confident that the IEBC can administer the next election effectively.

Nasa opposition leader Raila odinga has said that he will not take part in the next election if the election board officials are not sacked.

Later today it is expected that the IEBC will respond to the list of demands Nasa wants enacted before it will take part in the election.

Meanwhile, Uhuru Kenyatta’s Jubilee appears to be considering legal moves to re-visit the Supreme Court’s decision to annul the result of the last election and call for a new poll which Kenyatta has referred to as a “judicial coup”.

The possible legal  move by Jubilee is based on the dissenting opinions of two of the Supreme Court Judges (out of the six who heard the case). Kenyatta’s team are reportedly looking at seeking a recount of the ballot papers to counter the majority ruling by four of the Supreme Court judges that overturned the election result on a basis other than a dispute over the true numbers of votes cast for each candidate.



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IEBC Chairman Wafula Chebukati

The Chairman of the Independent Electoral and Boundaries Commission (IEBC) Wafula Chebukati has reportedly announced today that he has sacked his assistant Gekara Muoni.

The reason for Muoni’s dismissal appears to be linked to allegations that he was behind a series of leaks of confidential documents from Chebukati’s office to the media showing up divisions within the IEBC.

The most recent leak was of a document from Chebukati ordering the firing of the IEBC’s ICT manager James Muhati, ICT Coordinator Paul Mugo and ICT Officer Boniface Wamae.

In an earlier leak, this time a memo purportedly from Chubukati to IEBC CFO Ezra Chiloba, the IEBC Chairman demanded to know how the August 8th election had been ‘bungled’.

Such was the division within the IEBC, it is alleged, that the Commissioners went on retreat to Naivasha on 11 September, where after Ezra Chiloba was placed in charge of a new team to administer the next election.

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Attorney General Githu Muigai

Attorney General Githu Mugai has moved to quash talk of a constitutional crisis following the Supreme Court’s majority decision to force a re-run Kenya’s presidential election, now set for October 26.

Mugai told a press conference at his office in Sheria House on Friday that the constitution is clear and that Uhuru Kenyatta will remain as president  with full executive powers, including the office of Commander-in-Chief of the armed forces, until the results of the next election are confirmed and announced.

The Attorney General was responding to suggestions that Kenya is facing a constitutional crisis that might require the formation of a transitional government.

Mugai declared that the President remains in office to the moment that the new President is sworn in. Only a new election can replace or confirm the President in office, Mugai said, and the Constitution guarantees the legitimacy of the government until that point.


Referring to talk of a ‘transitional’ or ‘caretaker’ government, Mugai said there was no place for it in law and the AG cited Article 3 of the Constitution: “Any attempt to establish a government otherwise than in compliance with this Constitution is unlawful”.

In the meantime, Mugai said, citing Article 134 of the Constitution, the President is not allowed to nominate judges of the superior courts; appoint, nominate or dismiss Cabinet Secretaries, or other state or public officers; nor can he exercise powers of mercy, or confer honours.

“In some reports it has been suggested that where the election of the President is challenged and a  subsequent election is held”, Mugai said, “a time may come in which the mandate of the presidency may be deemed to have ended and that some other from of arrangement or government may be considered. I wish to state there is no room for the creation of any form of government or authority”.

Mugai also said that even if the election was not, for some reason, held within 60 days it would not delegitimise the constitutional holder of the office of president. “There is absolutely no chance of a crisis around the date”, said Mugai, [because] “We are inside the election cycle”.

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Alastair Leithead – The BBC’s Africa Correspondent

National Super Alliance (Nasa) leader Raila Odinga has told the BBC that he would not take part in Kenya’s presidential election re-run now scheduled for 26 October unless and until all his “irreducible” demands are met.

Odinga called for the ICT structure for the elections administration to be overhauled; the French digital company OT-Morpho who provided the equipment that was used to identify voters and transmit the election results to be removed from the process; the company who printed the ballot papers for the August election to be replaced; and some election officials to be replaced and prosecuted.

Alastair Leithead, the BBC’s Africa Correspondent put it to Raila Odinga that “you must know that your demands cannot be met” by the October 26 polling day. Mr Odinga, however, said he believed that  the election could take place as planned.

Leithead also asked Raila Odinga, “Are you pushing for a constitutional crisis so you get a share of government without an election?” Mr Odinga denied the suggestion.

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The French digital security firm, OT-Morpho, whose electronic system was used by the Independent Boundaries and Electoral Commission (IEBC) in the August 8 polls, has said that it does not have a contract with the commission for the repeat presidential election scheduled on October 17.

According to OT-Morpho Chief Operations officer Fredric Beylier, IEBC has not contacted the firm to discuss the scope of work or asked for a quote on the cost of running the upcoming poll.

“We do not have a contract with them for the next election yet,” Mr Beylier said in an interview with the BBC.

Beylier further says that even if they a contract with the IEBC by now, they would still need up to the end of October to reconfigure their systems for the repeat presidential election.

The firm also maintained that its systems were not hacked to manipulate results in favour of President Uhuru Kenyatta contrary to claims by the opposition to that effect.

“We have contacted two audits which both confirmed no piracy or intrusion into our systems during the august polls,” Mr Beylier said, adding that the audits did not identify any suspicious activity or hacking.


Nasa flagbearer Raila Odinga had accused the firm of perpetrating electoral fraud in favour of Uhuru saying that the firm had also issued bribes amounting to 400 million to a top IEBC and government officials to secure the tender.

“We know how Safran OT-Morpho got this contract, we know the individuals, we know the negotiations and we know which advocate firm was involved and who the beneficiary was,” Odinga said during a press conference.

Odinga also refuted the firm’s audit said the firm should not be engaged in the repeat polls.

IEBC signed a contract with OT-Morpho in March 2017 for the supply of 45,000 biometric authentication kits for voters, the associated systems capable of electronically transmitting the electoral results as recorded by the polling stations and the associated services of training and support for the August 8 general elections.





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The late Christabel talks about Dr Ouko’s return from Washington.

Sam Okello talking about Mrs Ouko



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