by Chris Mgidu NAIROBI (Xinhua) --
regional bloc on Sunday called on Kenyans to remain peaceful and
avoid acts of violence that may plunge the country into a
constitutional crisis ahead of the fresh presidential polls in late
The Inter-Governmental Authority on Development (IGAD) said it
was concerned by political developments in Kenya that might
jeopardize the Independent Electoral and Boundary Commission (IEBC)
from conducting credible fresh elections on Oct. 26.
"IEBC must thus not be crippled from executing this mandate.
"Sabotaging IEBC or boycotting the elections will put Kenya in a
constitutional crisis and likely on a path to unconstitutional
change of government," IGAD Executive Secretary Mahboub Maalim said
in a statement issued in Nairobi.
Maalim said certain political statements and actions may dent
people’s confidence in the ability of the IEBC to manage the fresh
He also called on Kenyans to desist from making unrealistic
demands that frustrate IEBC from conducting fresh presidential
elections, adding that calls to boycott the fresh presidential
elections put Kenya on a dangerous path.
In line with the position by the African Union, Maalim said, the
bloc holds that unconstitutional change of government does not only
include military coup d’état;
use of mercenaries, rebels or armed
dissidents against democratically elected governments;
refusal by an incumbent government to relinquish power to the
winning party after free, fair and periodic elections,
includes use of violence to undermine constitutionalism and
political interference with the constitutional order of a state in
order to imperil democratic change of government.
According to Maalim, as the Supreme Court determined, IEBC has to
make certain critical administrative adjustments and correct certain
errors that became evident on the Aug. 8 general elections.
Odinga has maintained that he will not participate in the Oct. 26
fresh elections until certain reforms and changes are implemented in
Both Kenyatta and Odinga have accused each other of entrenching
divisive and tribal politics as fresh polls loom, with the leaders
seemingly casting away their campaign promises and engaging in
The Supreme Court sitting in Nairobi on Sept. 1 voted 4-2 to
nullify Kenyatta’s re-election with 54 percent of the vote against
Raila Odinga, his challenger with 44 percent of the vote.
Odinga from National Super Alliance (NASA) party contested the
election results and filed a petition at the apex court to have them
The nullification of Kenya’s victory in the Aug. 8 presidential
elections came after foreign observer missions had unanimously
endorsed the voting exercise declaring it peaceful, free and fair.
Maalim said IGAD, based on its prior assessment, is confident
that the electoral body can execute its constitutional mandate to
facilitate the expression by the Kenyan people of their sovereignty.
"IGAD urges all actors in Kenya to reject those who would seek to
interfere with the constitutional order by seeking to disrupt or
prevent the court-mandated fresh presidential election, thus putting
in peril democratic change of government and ushering in a crisis
from which unscrupulous actors can seek undemocratic change of
government," he said.
Maalim said the regional bloc will keep a close eye on
developments to inform all its member states and the African Union.
"IGAD urges and appeals to the people of Kenya, including
political parties and their leadership, plus all constitutional
institutions, to jealously safeguard and protect the mode of
transfer of power provided for in the constitution of Kenya," Maalim
The bloc also called on Kenyan institutions to avoid all
statements, provocations and acts that could lead to
unconstitutional change of government.
He said actors in the political, judicial and legislative space
should be guided by the constitution and its underlying commitment
to the will of the Kenyan people as expressed in a free and fair
"IGAD is ready to walk with Kenya, shoulder to shoulder,
navigating all challenges, as we match towards a peaceful, secure
and prosperous IGAD region," Maalim said.
Kenya’s chief prosecutor orders probe into poll irregularities
NAIROBI (Xinhua) --
Kenya’s chief prosecutor has ordered
investigations into electoral offences allegedly committed by
various persons in the bungled Aug. 8 general elections.
Director of Public Prosecutions (DPP) Keriako Tobiko on Saturday
evening instructed the Directorate of Criminal Investigations (DCI)
and the Ethics and Anti-Corruption Commission (EACC) to investigate
individuals who committed electoral offences in the recent
Tobiko ordered DCI boss Ndegwa Muhoro and EACC chief executive
officer Halakhe Waqo to conduct "thorough, comprehensive and
expeditious" investigations to be submitted to him within 21 days.
He said he wants investigations conducted even though the Supreme
Court did not blame anyone over the sham polls which were overturned
by the apex court following successful petition by opposition leader
"The fact that it did not do so does not take away the powers of
the DPP under Article 157(4) of the Constitution or Section 21 of
the Elections Offences Act to order such investigations in an
appropriate case such as the present one," Tobiko said in his letter
to the two government agencies.
The scope of the probe should seek to establish whether electoral
or criminal offences—including corruption and economic crimes—were
committed by IEBC officials.
"I have designated a team of senior prosecutors to provide
technical guidance and assistance to the investigation teams," said
Among those to be investigated include IEBC chief executive
officer Ezra Chiloba and 11 other officials, opposition members
Musalia Mudavadi and James Orengo.
Jubilee Party alleges that both Orengo who is the lead lawyer for
Odinga during the pertition and Mudavadi, Odinga’s chief agent, had
access to information obtained illegally from the IEBC servers.
The opposition, National Super Alliance (NASA) on Friday wrote to
Tobiko asking him to institute investigations and possible
prosecution of 11 IEBC officials who it claimed messed up last
month’s presidential election.
"The substance of which is that they allegedly obtained
information of the actual presidential election results from IEBC
servers from what they called confidential IEBC sources," Tobiko
Political analysts have warned that should some or all of the
IEBC officials be found guilty, the repeat elections could be thrown
into disarray and plunge the country into a constitutional crisis.