Director of Public Prosecution Keriako Tobiko has ordered investigation and possible prosecution of National Super Alliance (NASA) presidential flag bearer Raila Odinga and his running mate Kalonzo Musyoka following a petition filed by Samuel Waweru.
The petitioner argued that the duo should be investigated and prosecuted for contravening section 132 of the penal code by vowing that the October 26th election would not be held, unless the Independent Electoral and Boundaries Commission gives in to their demands before conducting the poll.
Tobiko has written to the Directorate of Criminal Investigation boss Ndegwa Muhoro asking for probe on the two opposition leaders.
Section 132 of the penal code states that: "Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints, publishes any words, or does any act or thing, calculated to bring into contempt, or to excite defiance employed in the public service of or disobedience to, the lawful authority of a public officer or any class of public officers is guilty of an offense and is liable to imprisonment for a term not exceeding three years,".
Tobiko ordered that Raila and Kalonzo be investigated for breaching Section13 (k)(i) of the Elections Act, 2016, and for contempt of the orders of the Supreme Court for repeat poll to be conducted within 60 days starting September 1st.
The DPP directed the DCI to submit a report of their investigations within 21 days.
NASA has spelt out 11 conditions dubbed "irreducuble minimums" to the electoral commission that must be met before the fresh election is held, and have threatened that there will be no elections if IEBC fails to look into them.