Former Law Society of Kenya (LSK) CEO Apollo Mboya on Wednesday demanded the Director of Public Prosecutions, Keriako Tobiko, to open criminal proceedings against State House Chief of Staff and Head of Civil Service, Joseph Kinyua, over the Government’s newly launched portal.
In a petition, Mr Mboya told the DPP that the portal launched by President Uhuru Kenyatta on Monday to advertise the achievement of the Jubilee was in violation of Section 14 of the Election Offences Act, 2016.
According to the Act, a candidate, referendum committee or any other person shall not use public resources for the purpose of campaigning during an election or referendum.
It also stipulates that no government shall publish any advertisements of achievements of the respective government either in the print media, electronic media, or by way of banners or hoardings in public places during the election period.
Mr Mboya accused the President’s team of using State resources to advance political interest by launching the National Government information portal.
He asked the DPP to file criminal proceedings against Mr Kinyua, and any accounting officer who paid money for the making of the portal as well as those who paid for the adverts.
The former LSK boss told Mr Tobiko to do so in the next seven days, adding that if he was unable for whatever reasons, he should promptly communicate the same so that private prosecution can commence.
As per the Elections Act, a person found culpable is liable to a fine not exceeding two million shillings or imprisonment for a term not exceeding six years or to both.
During the launch the President stated: “For the first, we have decided to use technology to showcase the achievement we have made in the last four years. This portal has detailed information on all the projects the Government has undertaken and their status".