This is why I moved to court – former CS Anne Waiguru


This is why I moved to court - former CS Anne Waiguru
FILE PHOTO | Kirinyaga GOvernor Anne Waiguru arrives at Kabiru-ini Stadium in Nyeri for the 54th Madaraka Day celebrations

Former Devolution Cabinet Secretary, Anne Waiguru, has dispelled claims that her petition before court, filed on Tuesday, is aimed at blocking anti-corruption agencies from freshly investigating her over the National Youth Service (NYS) scandal.

Speaking on Citizen TV’s Jeff Koinange Live Wednesday, May 31 evening, Waiguru, who is Jubilee’s candidate for the Kirinyaga governorship seat, stated that her petition, only seeks to quash recommendations in the Public Accounts Committee (PAC) report since they have no evidential backing.

“I did not go to court to bar the Directorate of Criminal Investigation (DCI) from investigating me or Ethics and Anti-Corruption Commission (EACC) from launching fresh lifestyle audit, because they already did that and found nothing, I am petitioning the court to expunge the conclusions in the PAC report because they are inconsistent with their findings,” she stated.

“There is nowhere in the PAC report that says I am linked to the NYS scandal so their recommendations that I should be re-investigated are only aimed at perpetuating a narrative being pushed by those who wanted me out of office.”

In the petition, Ms Waiguru, through her lawyer Mansur Issa, states that she was not involved in the procurement and approval of expenditures at the Ministry, saying the role fell within the purview of the accounting office – the then Principal Secretary, Eng. Peter Mangiti.

The petition also cites Section 12 (1) of the National Government Co-ordination Act No. 1 of 2013 which states that, Pursuant to Article 115 (2) of the Constitution, each Principal Secretary shall be responsible for the administration of a state department.

It also makes reference to Section 68 of the Public Finance Management Act (PFMA) which provides that the accounting officer of a national government entity shall be accountable to the National Assembly for ensuring resources of the respective entity, are used in a way that is lawful, economical and transparent.

In their recommendations, Waiguru said, PAC deliberately ignored the evidence that was presented before it by investigative agencies and the findings of the Auditor General that absolved her from any wrongdoing.

The Auditor General’s report released last year, recommended that criminal investigations be conducted against all officers involved in the fraudulent payments at the NYS and all companies linked to the scandal discontinued from any future transactions with the government.

Anne Waiguru was not named in the Auditor General’s report.

“PAC is therefore not only irrational but also unreasonable in view of the fact that there was no evidence of impropriety by myself at the Ministry and NYS to support a finding that I contravened the provisions of Chapter Six of the Constitution,” she noted in her petition to the High Court.

She further read mischief in PAC’s recommendations against her, since it had already found Mangiti responsible for the loss of money at the NYS, irregular procurement and deployment of Adan Harakhe to the non-existent position of Senior Deputy Director General.

“No evidence was tendered before the PAC to warrant a decision for fresh investigations against me. The said decision is abuse of office by members of PAC.”

She moved to clarify, during the interview, that PAC did not recommend that she be barred from holding office, but fresh investigations be held and if found guilty – like would apply to anyone else – be barred from holding public office.

All the same, she stated, PAC distinctly relied on hearsay and Josephine Kabura’s illusive claims despite DCI recommending that she be charged for lying under oath in her affidavit.

“DCI investigated Kabura and established she had lied under oath, but PAC deliberately ignored this. She claimed that she was my hairdresser; so how come there are no correspondences between me and her?” she questioned.

Ms Waiguru claimed that some government officials who were forced out of office after their names appeared in EACC’s list of corrupt individuals in 2015 were hell-bent on taking her down with them.

“There was a clearance letter sent to Head of Public Service Joseph Kinyua by the EACC clearing me of any involvement in the NYS scandal; I was headed back to government. The anti-Waiguru forces, however, could not allow that to happen hence crafted a fake affidavit for Kabura in order to keep the allegations active.”

She also claimed that political infiltration and bias in PAC threw the committee off its radar and mandate to establish the truth about NYS scandal, and turned the whole process into a witch-hunt.

“EACC and DCI investigated and cleared me but PAC thought they could do a better job. A year later they could not find anything and are now recommending that the same institutions launch fresh investigations.”

“I have sued Raila Odinga for defamation and ODM members in PAC are using the committee to win over his endorsement for political seats by deliberately targeting me,” she stated.

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