Governor Waiguru wants Raila NYS case to proceed

Kirinyaga Governor Anne Waiguru during a function on February 7, 2018. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Ms Waiguru is aggrieved that Mr Odinga linked her to loss of millions of shillings at the National Youth Service.
  • She said that Mr Odinga’s “defamatory words” continue to be believed by a large number of people in Kenya and beyond.

Kirinyaga Governor Anne Waiguru has requested the High Court to allow a case she had filed against opposition leader Raila Odinga to proceed, saying there has been no sufficient reason why the hearing should be suspended.

Mr Odinga, through lawyer Paul Mwangi, had requested that the hearing be stopped until he files an appeal challenging a ruling issued last November.

The ruling allowed the governor to conceal certain information regarding her lifestyle.

RAILA APPEAL

Ms Waiguru is aggrieved that Mr Odinga linked her to loss of millions of shillings at the National Youth Service (NYS).

But Mr Odinga’s lawyer asked her to respond to, among other issues, her salary, allowances, list of properties and her financial worth.

Mr Odinga’s lawyer is not satisfied with the ruling by High Court judge Joseph Sergon, who said that although Ms Waiguru had declined to answer some questions about her lifestyle, she had given reasons for not answering.

In the latest court papers, Ms Waiguru, through lawyer Mohammed Muigai, says Mr Odinga has not filed his appeal papers within the time stipulated in law and therefore should not be granted the orders he is seeking.

“Throughout the course of this matter, Mr Odinga has made numerous attempts to delay the matter, including failing to comply with civil procedure rules and requesting adjournments on a number of occasions,” Ms Waiguru said in court papers.

She also believes Mr Odinga intends to abuse the court process and use the application seeking to stop the hearing pending appeal, to further delay the case.

DEFAMATORY
Ms Waiguru says she filed the case in 2015 yet it has not been heard yet.

“I am apprehensive that further delay will prejudice me by compromising the availability of my witness and her ability to recall matters pertinent to this suit.”

Additionally, Mr Odinga’s “defamatory words” continue to be believed by a large number of people in Kenya and beyond, she says, adding that her reputation is still being adversely affected.

“It is not in the interest of justice that proceedings are stayed as Mr Odinga has requested. It is only just that I am given an opportunity to clear my name in a timely fashion," Ms Waiguru said.

The former Devolution cabinet secretary is also pursuing former senators Boni Khalwale and Johnson Muthama for linking her to the theft of Sh791 million at NYS.

Mr Khalwale (former Kakamega senator) and Mr Muthama (former Machakos senator) have in their court papers said it is clear from an affidavit Ms Waiguru filed that she had not been candid with the public and the government that there was fraud at NYS.