Probe registrar, she misled Supreme Court, says MP

A Jubilee MP has called for a probe on the conduct of Supreme Court Registrar Esther Nyaiyaki during the August 8 presidential petition.

Kiambu Town MP Jude Njomo wants President Uhuru Kenyatta to establish a commission of inquiry to probe Nyaikai.

He said Nyaikai misled the majority judges to invalidate Uhuru’s reelection.

“She may have misled the majority judges to quash the elections by altering the forms submitted by IEBC,” Njomo said.

In a notice of motion moved before the House, Njomo said attempts by the Ethics and Anti-Corruption Commission to investigate the matter have hit a snag.

He said that the President, pursuant to the Constitution, should establish the commission of inquiry to extensively probe the matter.

The probe should establish whether there was any impropriety on Nyaiyaki’s conduct that could have negated the sovereign will of the people.

He said that the majority judgement that annulled Uhuru’s victory relied on a report by the registrar on the scrutiny of forms used to declare results in the poll.

Njomo said the report disclosed numerous discrepancies between the results declared in Forms 34A and 34B from various polling stations and constituencies across the country.

On September, EACC summoned Nyaiyaki to record statements over the allegations.

Nyaiyaki was required to present to the investigators copies of the report she prepared for the Supreme Court on the scrutiny of documents presented by the IEBC.

She was also required to state her role in the preparation of the report, which Justice Njoki Ndung’u, one of the dissenting judges, noted was contrary to her findings.

The Law Society of Kenya has since cautioned EACC against investigating Nyaikai, arguing that it would be a violation of the constitution.

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