A Supreme Court judge has written to a State House official complaining over a hashtag that discussed the presidential petition.
Through lawyer Donald Kipkorir ‘s law firm, Justice Isaac Lenaola complained to the Director Digital, Innovations & Diaspora Communications at State House, Dennis Itumbi, over the hashtag #WakoraNetwork that trended a day before the Supreme Court gave a full verdict of the bungled August election.
Lenaola accused Mr Itumbi of initiating the hashtag under which he posted a series of posts accusing him (Lenaola) and Justice Philomena Mwilu meeting with some National Super Alliance (NASA) leaders before the Supreme Court ruling that nullified President Uhuru Kenyatta’s re-election on August 8.
The Supreme Court ordered IEBC on Friday to put in place a complementary system for the repeat poll in compliance with Section 44A of the Elections Act.
According to Chief Justice David Maraga, the court could not ignore the guidelines on the use of technology in the transmission of results as anchored in law.
Maraga also noted that the court found that no reasonable explanation was given as to why not all Forms 34B did not have security features.
“It was obvious to us that IEBC misunderstood the petition and therefore jumbled its responses. IEBC should do some soul searching and go back to the drawing board.
“As judges, we have taken an oath of fidelity to the Constitution. For what is the need of having a Constitution if it is not respected?” asked Maraga on Wednesday (20/9/17).
The court, however, pointed out that it did not find any evidence incriminating any of the IEBC officials.
“No evidence was placed before us to prove that electoral offences were committed by officials of IEBC. What we saw in evidence was a systematic institutional problem and we were unable to find specific fingerprints of individuals who may have played a role in the commission of irregularities,” he ruled.
“We are therefore unable to impute any criminal intent or culpability on either the IEBC Chairman or any other Commissioner or member of IEBC,” the CJ added.