| PHOTO: | Then Devolution Secretary Anne Waiguru arrives at the Safari Park Hotel for the 2015 National Prayer Breakfast meeting. / FILEPhoto/HEZRON NJOROGE-THE STAR |
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By:
JILLO KADIDA
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| Posted:
Jul,26-2016 18:00:18
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NAIROBI-Kenya's Opposition leader Raila Odinga wants President Uhuru Kenyattato testify as a key defence witness for him against a defamation suit by former CS Anne Waiguru.
A sitting President testifying in a domestic court would be unprecedented. A hearing date has not been set.
Waiguru sued Raila on September 29 last year for defamation, saying he had "recklessly tarnished" her name by linking her to the National Youth Service scandal and the theft of Sh791 million.
The ODM chief earlier said he welcomes a lawsuit and open court hearing.
Yesterday the Star obtained court documents in which Raila said he intends to call Uhuru as a crucial witness whose testimony is necessary to determine the real issues. He denied tarnishing the former Devolution Cs's name.
Raila told the court the President has failed to provide a reasonable justification for giving Waiguru favoured treatment, compared with other CSs required to promptly step aside over graft allegations. She resigned on November 1, 2015, saying doctors advised rest.
"That the President of the Republic of Kenya has failed to give the Kenyan public a satisfactory explanation of how the plaintiff's (Waiguru's) name is missing from the list of state officers and public officers that he has required to step aside from their respective official positions to pave way for investigations," Raila said in his defence filed through lawyer Paul Mwangi on October 22, 2015.
On November 16 last year, Uhuru announced at a roadside stop in Eldoret town that Waiguru is neither his wife or girlfriend, a response to suggestions by opposition politicians they had a special relationship.
"There are those who keep on making wild allegations claiming that Waiguru is whatever to me, or so many other things, but I have mine and I don't need another one," Uhuru said.
In reply to Waiguru's accusations, Raila's defense documents say the NYS scandal erupted at the ministry of Devolution headed by Waiguru. Thus, she is the rightful officer to take responsibility for the scandal and loss of public funds, he said.
"The plaintiff was the overall responsible officer for the loses both due to being the Director of IFMIS but also holder of the authority to incur expenditure (AIE) respecting IFMIS," the ODM chief and former Prime Minister said.
Prior to her appointment as CS, Waiguru was the director of the integrated financial management and information system (IFMIS), a programme under the Treasury intended to track procurement in detail and close loopholes.
While at the ministry, Waiguru failed to establish proper oversight mechanisms, leading to loss of millions of shillings, Raila said.
Waiguru says she was a whistleblower.
Both Waiguru and Uhuru are obligated by law to protect the public interest and uphold the constitution.
Raila said since April 9, 2013, when it assumed office, the Jubilee administration has presided over a government that became increasingly corrupt. He said Kenya fares worse every year in indices of global corruption.
Both Uhuru and Waiguru violated the law by condoning corrupt activities among their subordinates and those they supervised, the opposition leader said.
He denied receiving a demand notice from Waiguru, alerting him to her intention to sue.
The former premier pleaded the defence of qualified privilege, saying that as an opposition leader, he is responsible for keeping the government in check, in accordance with the constitution.
In her suit papers, Waiguru said Raila damaged her character in a press conference at his office in Nairobi on July 17, 2015.
At that time, Raila released a dossier on Waiguru and said the President spared her from mention on the corruption List of Shame he presented to Parliament on March 31, 2015, after this State of the Nation address.
The former CS did not specify monetary compensation but said wants a court to order Raila to apologise for his remarks.
Waiguru said in her suit papers, "The defamatory words meant that I use my position in the government to engage in immoral activities."
Her lawyers said Raila portrayed her as a woman of "low moral standing" involved in "unethical and professional misconduct".
They said Raila's claims "caused her to suffer immensely as the statements portrayed her as a common thief, an embezzler of public funds, corrupt in the extreme and a flagrant law breaker who is not fit to hold a public office".
In her witness statement to court, Waiguru said she has never been accused of any wrongdoing during her tenure as CS. She said she has won several awards for public service.
She accused Raila of make defamatory statements despite evidence she did nothing wrong. He never contacted her to establish the truth of the allegations, and thus, he was malicious.
So far 11 people have been taken to court over the NYS scandal. Businessman Benson Gethi, Josephine Kabura and eight others face 15 counts of money laundering involving the Sh791 million lost from the National Youth Service.
The charges facing Kabura, John Kago Ndungu, Patrick Ogolla Onyango and Ben Gethi read that between December 1, 2014, and April 30, 2015. in Nairobi they jointly arranged to purchase a Range Rover for Sh23 million, knowing the money represented proceeds of crime.
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