The National Super Alliance (Nasa) co-principal Kalonzo Musyoka now claims that the Government has notified two of his security guards that their services to the former vice president will be withdrawn, soon.
This comes just a few days after the Director of Public Prosecutions (DPP) Keriako Tobiko gave the police 21 days to investigate Nasa leaders Raila Odinga and Kalonzo Musyoka over their remarks that there would be no elections on October 26.
Lawyer Harrison Kinyanjui, on behalf of Samuel Waweru Gikuru, had filed a complaint to the DPP, seeking to have the two top Nasa leaders arrested and prosecuted over their repeated remarks that no fresh election would be held on October 26.
Speaking in Kitui County on Saturday, October 7 Kalonzo said he meant Kenyans would not have any confidence in the electoral management body if some of the challenges and illegalities which imbued the August 8 presidential vote will not have been addressed by October 26; and therefore, as Nasa, he says, they see no need of taking part in an election which is “pre-determined”.
“We went to the IEBC with very open minds, with an attitude that is truly nationalistic and asked them to do several things to make sure that the fresh presidential election will be free, fair and credible as the Constitution clearly stipulates. One of the things we asked the IEBC to do is to reshuffle the returning officers all over the country. We asked the Commission to assign the R.Os to respective regions two days to the election. What has the IEBC done? They have done cosmetic changes on the team mandated to oversee the poll.
“When we say that as Nasa we want the Commission’s secretariat that mismanaged the August 8 election to step aside and let a new team preside over the fresh election, failure of which, we won’t participate in the new presidential vote, Harrison Kinyanjui rushes to the DPP and asks him to order a probe into what we said.”
Kalonzo further said the withdrawal of his security detail could endanger his life, which could lead to the cancelation of the election penciled in for October 26.
“What is their motive when they withdraw the security of a presidential candidate? It is like allowing Mungiki to come and fix ten of us; that is what we mean. The Constitution says that if any of the presidential candidates or their running mates dies, there will be no election. So, can Harrison Kinyanjui get it from me and ask Tobiko to stop instructing DCI Ndegwa Muhoro from investigating me.
“I went to Tseikuru (Kalonzo’s rural home), where I discovered that two of my security officers had already been notified that they will be redeployed elsewhere. This comes just a week after recalling officers who were moving around with me,” said Kalonzo.
According to Kinyanjui, Odinga and Kalonzo breached 131 and 132 of the Penal Code in harassing and intimidating Independent Electoral and Boundaries Commission (IEBC) officers.
Section 132 of the Penal Code states: “Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints, publishes any words, or does any act or thing, calculated to bring into contempt, or to excite defiance employed in the public service of or disobedience to, the lawful authority of a public officer or any class of public officers is guilty of an offence and is liable to imprisonment for a term not exceeding three years.”
Tobiko wrote to Director of Criminal Investigations (DCI) Ndegwa Muhoro on October 2 and directed him to undertake “thorough, comprehensive and expeditious” investigations into the allegations and report to him within 21 days.
“Such investigations be completed and the resultant investigation files be submitted to this office within 21 days for perusal and appropriate directions,” said Tobiko in his letter.
NASA maintains that they are ready to go to the elections but will not do so unless their “irreducible minimum” demands are met.
NASA’s key demands to the IEBC include printing of Forms 34As with the names of polling stations and candidates, and that they should be signed by returning officers in front of agents, the media, observers and the public.
NASA also demands for the use of another printing firm other than Al Ghurair in printing of ballot papers.
NASA equally wants the introduction of election monitors who will also get to sign Forms 34As and 34Bs before the results are announced.
The Opposition outfit also wants new returning officers to be appointed in the 291 constituencies while the current ones to serve as election managers.
When it comes to the transmission of results the coalition wants only scanned images through the KIEMS kits to the constituency and national tallying centers which shouldn’t be displayed before they are verified.
The ICT framework should also be beefed up with close supervision of the agents and the IEBC to prevent anomalies experienced previously.
The Opposition coalition further demands that the electoral body should ditch OT-Morpho Company for a new technology firm.