Auditor General Ouko says he wont resign over abuse of office claims

Embattled Auditor General, Edward Ouko, on Thursday, March 16, said that he will not resign over abuse of office allegations.

Speaking to the media in Nairobi, Ouko further announced his intent to sue lawyer Emmanuel Mwagambi Mwagunah over what he termed as “malicious claims” currently before a Parliamentary Committee.

Ouko, who was flanked by his lawyer, Otiende Amollo, accused the National Assembly Finance Committee of treating him unfairly by failing to demand for evidence from the petitioner on the allegations.

“The matter of the vault software purchase has been the subject of EACC probe for six months.The DPP cleared me of any wrongdoing in the vault software purchase probe,” said Ouko.

On his part, Amollo accused the parliamentary committee of turning to be become the accuser in the Ouko ouster petition.

“What the parliamentary committee has done is against natural justice,” said Amollo.

The duo also demanded the identity of the petitioner, whom they referred as to “the mysterious petitioner”, be made public.

“There is a person called Mwagonah who we thought was the petitioner but turned out to be the lawyer for the petitioner,” said Amollo

In his petition, Mwagunah seeks Ouko’s removal from office over claims of presiding over procurement malpractices and failing to submit yearly reports to Parliament and the President among other issues.

The petitioner accuses Ouko and his deputy, Stephen Kinuthia, of inflating the cost audit software from Ksh 18 million to Ksh 100 million further calling on the National Assembly to recommend to President Uhuru Kenyatta to form a tribunal to investigate his conduct.

Mwagunah further accuses Ouko of gross violation of the Constitution by failing to submit timely audit reports to Parliament, skewed employment and violation of procurement rules.

Last month, Mwagunah wrote to the Finance Planning and Trade Committee setting three conditions for his appearance before team.

One of his condition to the committee is that he must be heard behind closed doors, submits a written memorandum and that he, together with his family, be provided with state security.

In his letter to the House panel chaired by Ainamoi Member of Parliament, Banjamin Lang’at, Mwagambo said he has received numerous threats from unknown people ever since he filed his petition to have Ouko sacked.

“Since I filed the petition, I have been forced to take a low profile because of the threats I have received. My petition touches on influential personalities,” read his letter in part.

On February 2 this year, a Non-Governmental Organization filed a similar petition in the National Assembly seeking to compel the President to form a tribunal to remove Ouko from office.

According to the NGO, International Policy Group, the move was based on probe report by EACC that recommended Ouko be charged with abuse of office and failing to comply with procurement laws.

In his petition, Group Executive Director, Martin Nkari, said the report found that the Auditor General irregularly procured audit software for Ksh 100 million through direct procurement.

The petitioner said their move was necessary after the Director of Public Prosecutions Keriako Tobiko failed to respond appropriately to the recommendations by the anti-graft commission.

Ouko however got some reprieve on Monday when the High court stopped Parliament from debating his possible removal from office.

High Court judge Chacha Mwita issued the orders stopping the National Assembly’s Finance Committee from discussing a petition against Ouko by lawyer Emmanuel Mwagambo Mwagunah until the determination of a case filed by activist Okiya Omtatah.

He also stopped the Speaker Justin Muturi and the National Assembly from adopting or discussing any recommendations made by the committee concerning the Auditor General.

Muturi is set to issue a ruling on the latest spat between Parliament and Judiciary on Thursday.

Tags:

Auditor General Edward Ouko abuse of office direct procurement. audit software for Ksh 100 million Emmanuel Mwagambi Mwagunah failing to comply with procurement laws ouster petition

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