Senators to use Anne Waiguru's court paper against her
Machakos Senator Johnson Muthama (left), Kakamega Senator Bonni Khalwale and Wiper Democratic Movement Leader Kalonzo Musyoka (centre) dance during a Rally at Uhuru Park in Nairobi on September 23, 2014. Mr Muthama and Khalwale plan to use Ms Anne Waiguru's affidavit against her in a case she is suing them for defamation. PHOTO | GERALD ANDERSON | NATION MEDIA GROUP
What you need to know:
- The two Cord Senators said Waiguru's affidavit showed she had not been candid with the public.
- Senators said Josephine Kabura's affidavit also gives extensive account of theft at the NYS.
But Mr Khalwale and Mr Muthama said they made fair comments, which should not be taken to be defamatory.
Two Cord Senators are seeking to rely on court papers filed by former Devolution Cabinet Secretary Anne Waiguru as a defence in the suit she has filed against them alleging they portrayed her as a thief.
Kakamega’s Bonny Khalwale and Johnston Muthama of Machakos have in their court papers filed Monday said it is clear from a recent affidavit Ms Waiguru has filed that she had not been candid with the public and the government that there was fraud at the NYS, leading to the loss of over Sh791 million.
They added that another affidavit filed by businesswoman Josephine Kabura, a suspect in the scam, gives an extensive account of the theft, while describing the key role Ms Waiguru allegedly played and the cover-up that followed.
“Initially, Ms Waiguru had publicly denied that money had been lost in the Ministry of Devolution and at the NYS, but has recently admitted that there was theft, fraud and abuse of office,” the senators said in their court papers.
The former CS sued the two, saying they had, during a rally at Uhuru Park in Nairobi last September, uttered words meant to imply she worked with President Kenyatta to steal public funds. She is seeking damages and apology an over what she terms as malice.
But Mr Khalwale and Mr Muthama said they made fair comments, which should not be taken to be defamatory.
They said Ms Waiguru had been the subject of several investigations, and that search warrants had been obtained by the anti-graft agency.
