A raging dispute over the Mr Kalonzo Muyoka -led Wiper party nominee to the National Assembly is now under police investigation after officials allegedly committed perjury to justify changing party lists submitted to the electoral agency.
The row pits Wiper against Mombasa businessman Abubakar Ahmed Talib, who was sworn in as the party’s nominee to the 13th Parliament on Thursday, with a case seeking to reverse his nomination dragging on in court.
Because of the court action, the nominee was left out as MPs were sworn in on September 8, when the House subsequently elected Mr Moses Wetang’ula as Speaker.
The Directorate of Criminal Investigations in Nairobi has summoned five top Wiper officials for questioning over allegations of false swearing and forgery of documents regarding the case that the party had presented to Political Parties Disputes Tribunal (PPDT).
Detectives are investigating alleged false swearing involving party officials, contrary to Section 114 of the Penal code, said Stephen Ole Tanki, the DCI officer in charge of the Kilimani division.
Among those summoned were party national chairman Chirau Ali Mwakwere, secretary-general Shakilla Abdalla and Ms Agatha Solitei, the chairperson of the party’s elections board. Others are Roy Ombasa, the party’s head of ICT, and a Mr Abdulla Gakurya.
In the summons to the party dated September 20, the DCI says Mr Talib lodged a complaint with police that his name was unlawfully changed in favour of one Lucas Mulinge Wambua with forged documents, including affidavits used to validate the move and subsequently in court.
Specifically, Ms Abdalla allegedly swore a replying affidavit on behalf of the party in the PPDT proceedings that she attended a party meeting to discuss the nominations in Nairobi on July 22.
“The affidavit directly influenced the judgment outcome on August 3rd in the PPDT E099 of 2022. She also swore in the affidavit that on July 15 the party posted a new advert for its nominations yet the said advert was posted on the July 28th 2022,’’ read the DCI letter summoning the party officials.
Mr Ole Tanki confirmed that some of Wiper officials had turned up for questioning while others were yet to record their statements with detectives in Kilimani, but he insisted those summoned must appear before the investigating officer or face arrest.
He said the offense of false swearing is grave because it amounts to knowingly misleading a court of law in determining a case in one’s favour.
Among the documents in police possession is a flight manifest from Skyward Express showing Ms Abdalla travelled to Lamu via Mombasa on July 22 by a 9am flight on the same day she states in the affidavit to have attended the party meeting in Nairobi.
Detectives believe Ms Abdalla, who occupied seat number 2A per the flight manifest, must have checked in at Wilson Airport as early as 8am.
Another contradiction involves an allegation by Ms Abdalla in the affidavit that the party placed an internal advertisement on its website inviting applicants for nominees for the Senate and National Assembly on July 15, but upon a back end verification of the party IT system, it was established that the claimed advert was actually placed on July 28.
In the contentious affidavit seen by the Nation, Wiper lists 29 grounds why Mr Talib’s nomination should be quashed by the PPDT in favour of Mr Wambua, the main one being the party has the sole prerogative of choosing its nominees.
The replying affidavit, which formed the basis for the tribunal’s ruling against Mr Talib was drawn and filed by Lumallas Achieng and Kavere Advocates, based in Nairobi.
Contacted for comment, Ms Abdalla, who was nominated by Wiper to Parliament for the third consecutive time, said she wasn’t aware of the DCI summons over claims of false swearing, though the letter was received by her office on September 20.
She said the dispute on Mr Talib’s nomination had active proceedings in court and so she couldn’t comment on it.
“I have nothing to say about that issue because it is pending determination in court, and I am not aware of any separate investigations by the DCI,” she curtly responded by phone.
Ms Solitei, the party’s election board chairperson, also declined to discuss the police summons, saying she had nothing to say on whether or not she had honoured the summons.
But Mr Mwakwere confirmed that he was aware of the DCI summons but the matter of forging documents had nothing to do with the party but rather individuals.
“If there’s anyone who knowingly committed criminal offences like false swearing, I don’t see how the party should be dragged into such issues. Those mentioned should clear their names as requested, he said.
He said Mr Talib was the bona fide Wiper nominee to the National Assembly and that the Independent Elections and Boundaries Commission (IEBC) had gazetted his name as required by law.
The dispute arose after Wiper revised its nomination list to remove Mr Talib in a July 22 letter, prompting the businessman to contest his rejection, first at the PPDT and later in court.
In a special issue of the Kenya Gazette published on September 9, six weeks after the party substituted his name, the IEBC gazetted it as the one duly nominated, in accordance with the law and election procedures.
Questions have been raised on whether Mr Wambua, son of former Kilome MP the late Tony Ndilinge, qualifies to represent the category of ethnic minority in Parliament.
