- Mr Githenya claims the state of corruption, theft and misuse of public funds has reached an alarming level.
- He was allowed to file the petition as a pauper after he persuaded the court that he was a man with no means.
- Mr Githenya has listed the Attorney-General Paul Kihara as the respondent in the case.
A Nakuru voter has moved to court seeking orders to compel president Uhuru Kenyatta to declare corruption a state of emergency.
Mr Gabriel Githenya Wakibia a resident of Ndundori area in Subukia Sub-County filed a petition before the High Court in Nakuru seeking interpretation of the law on State of Emergency in a bid to have the fight against corruption declared a national disaster.
In his petition filed on September 5, Mr Githenya claims the state of corruption, theft and misuse of public funds as well as other economic crimes in the country has reached an alarming level which is becoming a danger to the national cohesion.
He further argues that the same corruption which has led to the massive debts has impoverished majority of Kenyans who are unable to meet their basic rights and fundamental freedoms including food shelter as well as basic health.
“Drastic measures need to be applied to tame the rampant corruption, theft, misuse and waste of public funds and economic crimes which can only be enforced under state of emergency,” read part of the petition.
He was allowed to file the petition as a pauper after he persuaded the court that he was a man with no means and the matter was of public interest.
In his application Mr Githenya told the court that he was a retiree who could not raise the required legal fees and that the matter raised issues of public interest and not personal gain.
“under the circumstances, I am persuaded that this is a fit case for the exercise of discretion under rule 34 and 35 of the Constitution of Kenya (Protection and of rights and fundamental freedoms) practice and procedure rules 2013 to exempt the intended petitioner from payment of court fees in connection with this petition,’ read the orders of the High Court deputy registrar Margaret Kyalo.
Mr Githenya has listed the Attorney General Paul Kihara as the respondent in the case.
In his application, he further asked the court to order for the adequate funding of all the agencies involved in the fight against corruption including the Ethics and Anti-Corruption Commission, the Directorate of Public Prosecution, and the Auditor general’s office among others.
The case will be mentioned on September 16 for directions on hearing.