We have a right to elect Anne Waiguru, Kirinyaga residents tell Court

Kirinyaga gubernatorial Jubilee nominee Anne Waiguru admires her nomination certificates at the Sifa resort in Kutus town on Saturday May 14, 2017.  [PHOTO:MUNENE KAMAU/STANDARD]

A section of Kirinyaga residents have moved to court seeking to quash damning report by powerful Public Accounts Committee (PAC) against former Devolution Cabinet Secretary Anne Waiguru.

In a suit filed on Monday, the 102 residents claimed that in the event that the embattled CS is locked out of the Governor’s race come August 8, their right to choose a leader of their choice will have been violated.

In their court papers, the residents led by one Charles Kariuki argued that Waiguru should not be barred from holding public office based on the finding by PAC over the National Youth Service (NYS) saga.

In the case against National Assembly, Ethics and Anti-Corruption Commission, Directorate of Criminal Investigations and the Attorney-General Githu Muigai, they complained that PAC took over the role of the Ethics and Anti-Corruption Commission irregularly when it investigated the matter.

They claimed that she was not given a chance to cross examine all those who were called and testified against her.

“Petitioners are apprehensive Waiguru’s ethical fitness to contest for the seat may be based on the PAC’s report which is erroneous, unlawful and offending,” the court papers read.

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This comes after Ms Waiguru, who is running for Kirinyaga governor, moved to court to seeking similar orders.

The committee recommended that she should not hold a public office if found guilty after due process in the scandal that ripped off the country Sh791 million.

But the former CS through lawyer Mansur Issa, argued that the recommendation was reached on the basis of uncorroborated and false evidence provided by an affidavit by one of the NYS key suspect Josephine Kabura.

“PAC relied heavily on the uncorroborated, contradictory and false evidence of Josephine Kabura as contained in her affidavit of February 23 2016. The claims were the subject of an investigation by the Directorate of Criminal Investigations which investigation concluded that Kabura had lied on oath and recommended that she be charged with false swearing,” said Mansur.

According to the lawyer, the parliamentary committee disregarded the evidence of Ndegwa Muhoro, the Director Criminal Investigations who had investigated the matter and found out that documents relating to the NYS scandal were found in the houses of suspects already facing prosecution.

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