DPP Keriako Tobiko is calling for the investigation and prosecution of NASA leaders Raila Odinga and Kalonzo Musyoka.
The Opposition presidential candidate and his deputy will be probed for saying there will be no repeat election on October 26.
This followed a petition filed by Samuel Waweru through Harrison Kinayanjui & Co. Advocates.
Tobiko, in the October 2 letter to DCI boss Ndegwa Muhoro, said the leaders be probed for contravening Section 132 of the Penal Code.
He also wants Raila and Kalonzo investigated for breach of Section13 (k)(i) of the Elections Act, 2016, and for contempt of the orders of the Supreme Court for fresh elections.
The apex court ordered that fresh elections be conducted within 60 days effective September 1.
This was after four judges, out of a bench of six, held that the August 8 election was not conducted in accordance with the law.
But NASA has maintained it is ready for the fresh elections but will not participate until the IEBC secretariat is reconstituted.
The leaders have also insisted that they will not take part in the election following the amendments to the electoral laws.
Tobiko asked Muhoro to complete the investigations on the allegations within 21 days for appropriate actions.
“I call on the DCI to undertake thorough comprehensive and expenditure investigations.”
“I have also also designated a team of senior prosecutors to provide technical guidance and assistance to investigating teams,” Tobiko said.
The Opposition leader said the presidential poll will not be held unless their “irreducible minimums” are met by the IEBC.
They want several election commission officials led by CEO Ezra Chiloba sacked, a review of results transmission system, and change of ballot papers printer.
IEBC, on the other hand, says they are ready to proceed with the poll with KIEMS provider OT-Morpho, Al-Ghurair printing firm, and with Chiloba at the helm of the secretariat.
Raila has stated that the electoral body, in its current form, cannot conduct credible polls and called for restructuring ahead of the new presidential election.
However, the demands have been dismissed by the Jubilee leadership who insist there must be an election within the 60 days as stipulated in the Constitution.
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