Machakos Senator Johnston Muthama and his Kakamega counterpart Dr Bonny Khalwale consulting during a press conference in Nairobi.(FILE PHOTO).
BY THOMAS KARIUKI.
The ghosts of former Devolution CS Anne Waiguru refuse to go away; she now wants two Cord Senators held culpable over graft claims.
Ms Waiguru sued Machakos Senator Johnston Muthama and his Kakamega counterpart Dr Bonny Khalwale.
The former CS claims that the two senators defamed her in a rally at Uhuru Park.
The two Cord brigadiers responded by telling her off that their alleged defamatory words were based on truth.
Senator Muthama and his colleague now want the court to drop charges leveled against them by Waiguru.
They say that those words were just and true.
Ms Waiguru through her lawyer Mohammed Nyaoga moved the court under a certificate of urgency, claiming the two senators defamed her during a CORD rally on September 23, 2015.
The former CS claims that the defamatory words were uttered in Swahili at Uhuru Park, Nairobi and when translated to English read as follows:
“Mr President, you are the only person who knows the amount of money that was pocketed by Waiguru. We will not sit still and watch as she takes Sh900 million and the President stands and defends her saying, ‘Waiguru is not a thief….and then asks Ngilu to step aside, but the love of his heart is told to take the money! Do I reveal or do I not?”
In response, the senators through their lawyer James Orengo, say that Waiguru is not at all entitled to any aggravated damages.
“I deny the allegations that the uttered words were defamation since they were based on truth and Waiguru has been accused of embezzling public funds,” said Khalwale.
In a statement of defence filed at the courts registry, The two claims that Waiguru is being investigated and has since resigned from the ministry of devolution and planning, a ministry she previously headed as a cabinet secretary, over corruption allegations.
They want the court to dismiss the complaint since Majority of the officials from that Ministry has been a matter of great public concern for alleged misuse of NYS Funds.
Muthama and Khalwale add that on September, 2015 they attended an open public rally held at Uhuru Park and termed as “the CORD solidarity rally”.
“During that period there was a revelation that there was huge embezzling of funds under the Ministry of Devolution and planning then headed by Waiguru, this happened when the country was “financially crippled,”said Khalawale in court documents.
The senator adds that the country was then marred by numerous teachers strike and the teachers were seeking their pledge of Over Sh 17 billion.
He claims that the Government accommodated the strike, never made any payments to the striking teachers and insisted that it had no money at all in excess of its budgetary allocations.
“The Government went ahead and employed double standards by illegally and suspiciously increasing the budgetary allocation of the National Youth Service (NYS) from Sh 13 Billion to Sh 25 billion within a span of one year”, he adds.
“This increase was unjustifiable and suspicious; I was speaking in my capacity as Senator and on behalf of parents whose children were staying back at home, pupils and students whose education was at stake and put the president to task by simply seeking to know why the President increased NYS Budget,” said Khalwale.
He adds that he uttered the alleged defamatory words in a public forum and if the interpretation brought forward by Waiguru was the interpretation of the numerous Journalists presents at that time, then that interpretation should not be held to be his interpretation.
The Senator urges the court to consider the fact that Waiguru was not present as a person to hear and see him utter the words but was informed by third parties who are not party to this proceedings.
According to him, communication is more than uttering of words. He claims that all the issues raised during that day were within public knowledge since the CS has since willfully resigned over numerous corruption allegations.
Khalwale claims that the government has tried to shield her despite being investigated, he adds that it is well outlined by an affidavit sworn by Josephine Irungu Kabura on February 15, 2016 at the High court which questions the character and credibility of Waiguru.
He claims that Ethics and Ant-Corruption Commission has since distanced itself from claims that it cleared Waiguru over issues of corruption and she is still under investigations.
“The persons who were shielding her have now confirmed that indeed waiguru embezzled public funds, the Majority Leader Aden Duale has now declared that he is going to unearth the issues surrounding loss of money at Devolution ministry,” said Khalwale.
He continued that the image of Waigutu had already been ruined even before September 23, 2015 when the rally was held by her conduct or in subsequent incidences.
The senators claim that the suit is only meant to gain political mileage and is a total wastage of precious judicial time saying that Waiguru is using him as a shield.
They want the complaint dismissed. Muthama adds that the rally was held to express solidarity with teachers nationwide as the Government had failed to meet its commitment with teachers.
Waiguru claims that she received calls on that day from friends and relatives requesting her to watch Citizen TV and see how Muthama and Khalwale were making terrible comments about her.
“I went online and watched what was termed as a CORD solidarity rally and was shocked to hear the two accuse me while addressing a crowd, calling me a thief, corrupt and an embezzler of public funds,” she said in court documents.
Her lawyer added that the senators spoke about Waiguru in derogatory terms, alleging she was immoral and promiscuous.
Her lawyer added that the senators spoke about Waiguru in derogatory terms, alleging she was immoral and promiscuous.
