By Jacktone Ambuka
Mudavadi And Orengo Are Wrongfully Being Investigated By DPP.
1. Director of Public Prosecutions [DPP] Mr. Keriako Tobiko reluctantly ordered commencement of criminal investigations against IEBC officials who have been accused by the Public of committing and irregularities and illegalities in the just concluded election.
2. Mr Tobiko’s action comes hot on the heels of ultimatum notice that was about to elapse which was issued against DPP’s office demanding commencement of investigation into allegations of election offenses committed by IEBC officials or risk private prosecution of officials who have been adversely mentioned.
3. About 7 IEBC prominent officials are now under investigation. If sufficient evidence of malpractice is established, these officials will be prosecuted in court of law.
4. However, what’s shocking is that DPP has played to the gallery by erroneously including Musalia Mudavadi and James Orengo in the list of suspects of election offenses merely for what is alleged to be illegal access to information which in my opinion is public.
5. I will let investigations run it’s full course to ascertain these allegation. But let me clear. Our criminal investigation agencies have a history of adopting political trajectories in their line of duty. When they want investigations to die, they apportion blame to leading political players.
6. This unprofessional way of carrying out investigations and prosecutions was salient when Pangani six and Pangani two were arraigned in court over charges of hate speech. Even when it was clear Jubilee’s Moses Kuria had crossed the red line, investigating agancies dillydallied until they found sacrificial lambs in NASA for purposes of apportioning equal blame whose objective is usually to defeat administration of justice.
7. Lest you start accusing me of partisanship, let me contextualize crime Mudavadi and Orengo are being accused of, which is, illegal access of IEBC’s documents and data in IEBC servers.
8. It is imperative to know that any information held by the state is public. That’s why our constitution in article 35 states that every citizen has a right of access to information held by the state including information held by independent commissions.
9. In fact, the state is mandated by law particularly when it is required, to publish and publicize public information. To accuse Mudavadi and Orengo for illegally accessing public information is a ridiculous charge that must fall on its face.