Former Energy Cabinet Secretary and one-time IEBC ICT manager Davis Chirchir together with six senior Safaricom officials have been accused by the National Super Alliance (NASA) of meddling with the transmission of the election results during the August 8th General Election.
NASA has to that effect given the Director of Public Prosecutions (DPP) Keriako Tobiko 3 days ultimatum to prosecute them.
Nasa has filed three counts against Mr Chirchir whom they accuse of accessing the computer systems and IEBC server using a username “dkchirchir” and user email “firstname.lastname@example.org” on August 8, 2017 between 21:39-51 hours and August 10, 2017, 14:38:23 hours.
They accuse him of infiltrating and altering the presidential election results.
Nasa also levelled three counts against six Safaricom employees whom they accuse of intentionally concealing and or causing another to conceal or alter any computer code used in IEBC computer programme.
NASA alleges that between July 25 and August 11, 2017 at the Safaricom Limited Headquarters, its six senior staff acting in concert with others intentionally and or recklessly damaged and interfered with Kenya Integrated Election Management System (Kiems) kits used in the polls.
It alleges that Safaricom permitted the use of 100 Kiems kits stolen from the IEBC prior to the death of its ICT manager Chris Msando by switching off the Kiems GPRS and the geo-fencing features from August 5, leading to transmission of poll results from 10,366 polling stations.
The alleged results were unaccompanied by Forms 34A as mandated by law.
Through lawyer Antony Oluoch, Nasa says it will begin private prosecution against Mr Chirchir and the six Safaricom employees.
They are Antony Gachanja (Head of Technology Security), Mr Thibaud Rerolle (French National Director Technical and IT Safaricom), Robert Mutai (head of technology strategy, assurance and governance), Shaka Kwach (Head of Special Projects-incharge of elections),Andrew Masila (senior manager, strategy and architecture) and Farouk Gaffour (head of network and services operations).
Oluoch says Mr Chirchir and Safaricom Ltd not only committed criminal acts but also abetted the electoral body of offences under the Elections (General) Act, Public Procurement Act, Penal Code and breaches of the Constitution.
They are further accused of conspiring to commit election misconducts.
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