KENYA: Lawyer Kethi Kilonzo and a custodian of the controversial Independent Electoral and Boundaries Commission voters register book could be charged in court with theft and forgery.
But it has emerged that two other top IEBC officials had access to the safe where the controversial book was kept. Sources investigating the case told The Standard on Saturday that IEBC official Mr Anthony Lemiso mentioned the two top officials in his statement to the police but detectives were reluctant to summon them for questioning.
Kethi is expected before CID detectives handling her case on Tuesday before police forward their recommendations to the Director of Public Prosecutions (DPP). Officials handling the case have so far concluded the lawyer and Lemiso, who is a custodian at the IEBC and where the green book was stored have a case to answer.
The book was used to register former President Kibakiand five leaves — including the one used to register Kethi — were stolen. Lemiso claims he does not know how the slips disappeared from the book.
Makueni County Returning Officer Guracha Salad Boru has admitted that he cleared Kethi’ to vie for the Senate race even though he knew she was not a registered voter.
In his statement, Mr Boru claimed he was afraid of being assaulted by the crowd that accompanied the lawyer when she went to present her nomination papers.
The Returning Officer, who would have faced several charges of contravening the Elections Act, has now turned state witness and is expected to testify against Kethi.
CID director Ndegwa Muhoro said preliminary findings show there was criminality in the case but that will be determined by the DPP after they present their file.
“In our analysis, we feel there is evidence to sustain a case for two or three people while the rest will be witnesses. That will however depend on the DPP’s decision,” said Mr Muhoro.
So far 15 people have recorded statements with the CID in connection with the issue and the team probing the case is expected to close the file by the end of next week.
The 15 include those who testified before the IEBC tribunal that knocked out Kethi from contesting the just concluded Makueni Senatorial by-election which was won by her brother Mutula Kilonzo Junior. Her lawyers refuted reports that she defied summons to appear before police on Wednesday.
According to Dan Maanzo, Kethi’s lead lawyer James Orengo had secured an appointment with the CID slated for next week on Tuesday, which will be duly honoured.
“We woke up to read in newspapers that police were concluding investigations after or client reportedly failed to appear to record a statement; which is far from the truth,” he said.
While maintaining innocence of their client, Maanzo castigated the CID boss Muhoro for what he termed as resorting to the media to conduct a probe.
Should the CID recommend prosecution, it would stir the controversy that stalked the lead up to the by-election that degenerated into a showdown between CORD and Jubilee.
The IEBC sought police help after officials claimed the registration slip that Kethi presented as proof of registration as a voter had been stolen from the commission. Under the Penal Code, forging any judicial or official document or presenting it officially, if proven, attracts up to seven years’ imprisonment.-standardmedia.co.ke
