Ouko gets temporary reprieve as court suspends probe

The High Court has granted reprieve to Auditor General Edward Ouko after it suspended proceedings before a Parliamentary committee seeking to remove him from office.

Justice Enoch Chacha Mwita issued orders barring the Parliamentary committee from continuing with its proceedings in a petition presented before it against Mr Ouko pending the hearing and determination of a case filed by activist Okiya Omtatah.

“In the meantime, conservatory orders are hereby granted restraining the committee of the National Assembly from further proceeding with that petition, for the avoidance of doubt, no one should act on any recommendations made by the Finance, Planning and Trade Committee until the court determines this case,” the judge said.

Mr Omtatah sued the National Assembly, its Speaker, the Attorney General and Mr Emmanuel Mwagambo Mwagonah over an imminent intent to remove Mr Ouko from office.

Mr Ouko, the Director of Public Prosecutions, the National Police Service, the Ethics and Anti-Corruption Commission and the Senate were listed as interested parties in the case.

According to Mr Omtatah there is a spirited campaign to have Mr Ouko out of his position yet “he is a diligent worker who performs his duties well.”

He has accused Mr Mwagonah who petitioned Parliament to have Mr Ouko sacked and the National Assembly’s Speaker for abusing their powers by aiding the orchestration of a plan aimed at having Mr Ouko fired.

He alleged that that was a deliberate violation of Mr Ouko’s rights to a fair trial and to a good reputation.

He also alleges that since Mr Ouko was cleared by the DPP over corruption allegations, the petition is ill motivated since it relies on similar claims.

PHONE BILL

In the petition before Parliament, Mr Ouko has been accused of wasting public funds by accumulating a Sh1 million phone bill on his iPad while he was abroad.

Mr Ouko has also been accused of irregularly authorising the procurement of an Audit Vault software at Sh100 million instead of Sh18 million.

Other allegations include failing to submit reports to the President and Parliament at the end of financial years, giving an audit firm that was supposed to be auditing his office other work, and buying an office at a cost of Sh10 million in Mombasa, which was never used.

Through lawyer Otiende Amollo, Mr Ouko has personally sued the National Assembly, its Speaker and Clerk as well as the Attorney General. He has also sued the President.

He claims that his right to Fair Administrative Action Act as well as National Assembly’s Standing orders have been violated.

He wants the Speaker of the National Assembly barred from forwarding any recommendations made to the President who is expected to constitute a tribunal to have him investigated.

If recommendations by the committee are forwarded to the President, he is bound to be suspended from his position and will have to be investigated by a tribunal.

Mr Omtatah’s case will be heard on April 10 for further directions.