DRAFT CHARGES:
1. EZRA CHILOBA, WAFULA CHEBUKATI, BETTY NYABUTO, IMMACULATE KASSAIT, JAMES MUHATI, PRAXEDES TOROREY, MOSES KIPKOGEI, ABDI GULIYE, MOLU BOYA and MARIJAN HUSSEIN MARIJAN between the 5th day of August 2017 to the 11th August, 2017 at the IEBC headquarters Nairobi County, without any reasonable cause committed actions and inactions which amount to breach of their official duties, which actions are:
2. CHARGE: COLLUDING WITH POLITICAL PARTY OR CANDIDATE FOR PURPOSE OF GIVING UNDUE ADVANTAGE TO THE POLITICAL PARTY OR CANDIDATE CONTRARY TO SECTION 6(K) OF THE ELECTIONS OFFENCES ACT
PARTICULARS OF OFFENCE: EZRA CHILOBA, WAFULA CHEBUKATI, BETTY NYABUTO, IMMACULATE KASSAIT, JAMES MUHATI, PRAXEDES TOROREY, MOSES KIPKOGEI, ABDI GULIYE, MOLU BOYA and MARIJAN HUSSEIN MARIJAN between the 5th day of August 2017 to the 11th August, 2017 at the IEBC headquarters Nairobi County unlawfully colluded with Jubilee Party and President Uhuru Kenyatta with the intention of giving an undue advantage by securing a win for the party and President Uhuru Kenyatta.
3. INCLUDE CHARGE OF CONSPIRACY
CHARGE: Wilfully contravening the law to give undue advantage to a candidate or a political party on partisan, ethnic and other unlawful considerations contrary to section 6(l) of the Elections Offences Act
PARTICULARS OF OFFENCE: EZRA CHILOBA, WAFULA CHEBUKATI, BETTY NYABUTO, IMMACULATE KASSAIT, JAMES MUHATI, PRAXEDES TOROREY, MOSES KIPKOGEI, ABDI GULIYE, MOLU BOYA and MARIJAN HUSSEIN MARIJAN between the 5th day of August 2017 to the 11th August, 2017 at the IEBC headquarters Nairobi County unlawfully contravened the law (the Constitution, the Elections Act and Elections Law (Amendment) Act and the regulations made thereunder; and the IEBC Act ) and gave undue advantage to Jubilee Party and President Uhuru Kenyatta by securing their win.
4. CHARGE: FAILING TO PREVENT OR REPORT TO THE INDEPENDENT AND ELECTORAL BOUNDARIES COMMISSION OR ANY RELEVANT AUTHORITY THE COMMISSION OF AN ELECTORAL OFFENCE UNDER THE ELECTIONS OFFENCES ACT CONTRARY TO SECTION 6(M) OF THE ELECTIONS OFFENCES ACT
PARTICULARS OF OFFENCE: EZRA CHILOBA, WAFULA CHEBUKATI, BETTY NYABUTO, IMMACULATE KASSAIT, JAMES MUHATI, PRAXEDES TOROREY, MOSES KIPKOGEI, ABDI GULIYE, MOLU BOYA and MARIJAN HUSSEIN MARIJAN between the 5th day of August 2017 to the 11th August, 2017 at the IEBC headquarters Nairobi County knowingly failed to prevent and or report electoral offences committed under the Election Offences Act to the Commission or the Office of Director of Public Prosecutions or Director of Criminal Investigations which offences include: unlawful logins to Chebukati’s system account and unlawful access to the Chairman’s system account.
5. CHARGE: KNOWINGLY OR INTENTIONALLY CONCEALING, DESTROYING, ALTERING OR KNOWINGLY OR INTENTIONALLY CAUSING ANOTHER TO CONCEAL, DESTROY OR ALTER ANY COMPUTER SOURCE CODE USED FOR A COMPUTER, COMPUTER PROGRAMME, COMPUTER SYSTEM OR COMPUTER NETWORK CONTRARY TO SECTION 17(B) OF THE ELECTIONS OFFENCES ACT
PARTICULARS OF OFFENCE: EZRA CHILOBA and JAMES MUHATI between the 5th day of August 2017 to the 11th August, 2017 at the IEBC headquarters Nairobi County unlawfully and knowingly concealed, destroyed and altered and or caused to be destroyed, concealed or altered the passcode by adopting a porous file server system to transmit FORM 34B instead of creating and using secure IP address and using password different from the official IEBC passwords.
6. CHARGE: DESTROYING OR ALTERING INFORMATION RESIDING IN AN COMPUTER RESOURCE OR DIMINISHING ITS VALUE OR UTILITY CONTRARY TO SECTION 17(C) OF THE ELECTIONS OFFENCES ACT
PARTICULARS OF OFFENCE: EZRA CHILOBA and JAMES MUHATI on or about the 14th day of August, 2017 at the IEBC headquarters within Nairobi County with the intention to destroy, delete and alter information residing in the computer resource to diminish its value or utility uploaded false information in an exercise book…
7. CHARGE: ACCESSING THE WHOLE OR ANY PARTY OF IEBC COMPUTER SYSTEM WITHOUT AUTHORIZATION CONTRARY TO SECTION 17(D) OF THE ELECTIONS OFFENCES ACT
PARTICULARS OF OFFENCE: EZRA CHILOBA , BETTY NYABUTO, JAMES MUHATI, PAUL MUGO and BONIFACE WAMAE between the period of 5th day of August, 2017 and 11th day of August, 2017 at the IEBC headquarters within Nairobi County unlawfully created and or caused to be created username and password in the name of Wafula Chebukati, the Chairman of IEBC and used the account to conduct electoral activities and manipulated election results by making 9934 transactions therein.
