102 Kirinyaga residents want court to shield Waiguru

Kirinyaga residents have sued to shield former Devolution Cabinet Secretary and Jubilee candidate Anne Waiguru from being locked out of their county’s gubernatorial contest.

While seeking to be enjoined as interested parties in another case in which Ms Waiguru had challenged recommendations by the National Assembly’s Public Accounts Committee, the residents claimed they are worried that the findings might lead to her being barred from participating in the oncoming elections.

Through lawyer Mwangi Ndegwa, the 102 residents claimed that the Ethics and Anti-Corruption Commission (EACC) might use the committee's recommendations to lock her out of the Kirinyaga gubernatorial race and hence deny them their right to freely express their democratic will.

“[The] residents are apprehensive that her ethical fitness to contest for the Kirinyaga gubernatorial position may be based on the National Assembly’s erroneous, unlawful and offending report,” Mr Ndegwa said.

In their case, they claim that Ms Waiguru as a former minister, is a public figure and was duly nominated as a candidate.

EACC MANDATE

They claim that locking out Ms Waiguru from the gubernatorial race will consequently violate her right since the findings were made without according her a fair hearing as well as considering public participation as required by law.

They also fault the parliamentary committee of taking over the mandate of the EACC, the body they argue is mandated to deal with ethical matters.

And in solidarity with her bid to have the committee's recommendations suspended, the residents also want the court to halt the implementation of the findings until Ms Waiguru’s case challenging the matter is heard and determined.

They further want the matter considered as urgent and therefore heard on a priority basis.

“There is an urgent need for [the] court to intervene and issue the orders being sought herein,” Mr Ndegwa said.

FRESH PROBE

On May 30, Ms Waiguru sued to stop a fresh probe, probable prosecution and a lifestyle audit against her as recommended by the committee and the Auditor-General’s report.

The committee found that she was responsible for the entire loss of millions of shillings from the National Youth Service as a result of failing to exercise leadership effectively.

The panel therefore recommended that she be barred from holding public office if found guilty after due process has been followed.

But she then sued the National Assembly, the EACC, the Director of Criminal Investigations and the Attorney-General in protest.

She accused the committee of using previous evidence to make its findings and the AG of failing to protect her from unfair administrative action.

The report was tabled in Parliament on March 16, was debated for two subsequent days and on May 24, the House adopted an initial May 2016 Special Audit report.

NOT CHARGED

The Auditor-General, after conducting an audit at the ministry, presented a 2012/2013 to 2014/2015 report that prompted lawmakers to summon her to appear before the Public Accounts Committee to explain the loss of money at the National Youth Service, which fell under her ministry.

Even though several suspects were recommended for prosecution and have been charged in court regarding the over Sh791 million loss, Ms Waiguru was not.

She stepped down from her ministry and claimed that it was due to her doctor’s advice to her to take up lighter duties.

In her lawsuit, she wants the court to determine whether holding her entirely responsible for the loss of the money without evidence was irrational.