Esther Nyaiyaki, the Registrar of the Supreme Court, has been accused of serving judges responsible for nullifying the August 8th presidential election with wrong papers from the Independent Electoral and Boundaries Commission.
Two judges, Justice Njoki Ndung’u and Jackton Ojwang are the only ones who dissented with Raila Odinga’s presidential election petition, while four agreed – passing the ruling and ordering for fresh elections.
Veteran lawyer Kioko Kilukumi, on behalf of Rashid Mohammed, wrote a letter to the Ethics and Anti-Corruption Commission (EACC) asking for the probing of Nyaiyaki – saying that she did not serve judges with the right documents, leading to the nullification of presidential elections.
In support of his text, he said that Justice Njoki Ndung’u, in her detailed ruling revealed that forms 34A and 34B had the required security features, as opposed to what the four other judges based their ruling on.
In her detailed ruling, she said that she has carefully examined the forms and that they possessed all the security features required.
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The letter was copied to Inspector General of Police Joseph Boinnet and Director of Public Prosecutions Keriako Tobiko.Boinnet and Director of Public Prosecutions Keriako Tobiko.
"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," said the lawyer.