Election Related Crimes

KENYANS FOR PEACE WITH TRUTH AND JUSTICE INITIATIVE: CRIMINAL COMPLAINT ON ELECTIONS RELATED CRIMES

Today we, Kenyans for Peace with Truth and Justice are filing a criminal complaint against the Electoral Commission of Kenya with regard to a series of criminal offences that were committed by various people in the processing, management and control of the immediate past general elections.

The offences committed variously by different officers including the Chairman, Vice Chairman, Commissioners, Returning Officers and staff of the ECK include the following:

Abuse of Office Contrary to section 101 of the Penal Code, Cap 63 Laws of Kenya.
Making of false certificates contrary to section 102 of the Penal Code
Neglect of Duty c/s 128 PC
Making and publishing false information by a person employed in public service c/s 129PC
Disobedience of statutory duty c/s 130
Forgery, coining, counterfeit and similar offences c/ss345/6/7 PC
Forgery of judicial or official documents c/s 351PC
Making and or uttering false documents c/s 353 PC
Conspiracy to commit a Felony c/s ss393 and 395 PC
Subverting the Rule of Law c/s 10 POEA
Misleading the Public c/s 19 POEA
Election related offences as provided under the Election Offences Act, Cap 66 and the National Assembly and Presidential Elections Act, Cap 7 Laws of Kenya.

It is our expectation and demand that the Commissioner of Police, through the Officer Commanding Police Station, Kilimani Police Station will earnestly and with speed investigate the said persons and the offences with a view to charge the said culprits in a court of law.

The persons we recommend for investigation include the following:

Samuel Mutua Kivuitu-Chairman
Kihara Muttu-Vice Chairman
Jeremiah Matagaro, Commissioner
Jack Tumwa, Commissioner
Anne Wambaa, Commissioner
Muturi Kigano, Commissioner
Alfred Ndambiri, Commissioner
Samuel Arap Ngeny, Commissioner
Ann Mwikali, Commissioner
Luciano Riunga Raiji, Commissioner
Joseph Hamisi Dena, Commissioner
Felista Naetu Ole Churie, Commissioner
Eng. Samuel N Maugo, Commissioner
Mildred Apiyo Owuor, Commissioner
Joseph Kipruto Sitonik
Pamela Tutui, Commissioner
Shem .S. Balongo
Abdi Ibrahim, Commissioner
Anne Mwasia, Commissioner
Daniel Wambua, Commissioner
Raymond James Njenga, Commissioner
Mwenda Kiribi, Commissioner

ECK Staff:

Joseph Tsola, Secretary
Suleiman Chege, Deputy Secretary
Phillip Chepsat, Elections Officer
Koech Inegene, Human Resource Officer (tallying an d verification)
Paul Papa, Elections Officer
Ayub Indira, Chief Head of IT
Joshua Laichena, Senior Research Officer
Joanne Mudindi, Elections Officer
David Kiilu, Elections Training and Voter Education Manager
Agnes Kisiro, Elections Officer-Tallying
Edna Koskei, Elections Officer-Tallying
Chris Musyoki, Deputy HR Officer
Mani Lemayan, Public Relations Officer
Chrisitna Kavindi, IT
Elias Mugo, IT
Partrick Kitenge, Catography Department
Monica Obel, Human Resource Manager
Mugambi, Deputy Human Resource Manager
Haroun Kenei, Finance Manager
Jemima Keli, Legal Officer

Failure to take the action expected will lead us tp take up other avenues open to us including Private Prosecutions and suing the Commissioner for neglect of Duty.

Signed:
Africa Centre for Open Governance (AfriCOG)
Awaaz
Centre for Law and Research International (CLARION)
Centre for Multiparty Democracy (CMD)
Centre for Rights, Education and Awareness for Women (CREAW)
(CRADLE)
Constitution and Reform Education Consortium (CRECO)
East African Law Society (EALS)
Haki Focus
Hema la Katiba
Independent Medico-Legal Unit (IMLU)
Innovative Lawyering
Institute for Education in Democracy (IED)
International Commission of Jurists (ICJ-Kenya)
Kenya Human Rights Commission (KHRC)
Kenya Leadership Institute (KLI)
Kenya National Commission on Human Rights (KNCHR)
Kituo cha Sheria
Law Society of Kenya (LSK)
Media Institute
Muslim Human Rights Forum
National Constitution Executive Council (NCEC)
Release Political Prisoners (RPP)
Society for International Development (SID)
Urgent Action Fund (UAF)-Africa
Youth Agenda


Contact:

Linda Ochiel
Kenya National Commission on Human Rights (KNCHR)
Cellphone: 254-722-583-200
haki@knchr.org