Thursday, July 4, 2013

Man to sue Uhuru, Ruto, MPs over abuse of office

Updated Wednesday, July 3rd 2013 at 14:36 GMT +3


By Lucianne Limo
NAIROBI, KENYA: A man has moved to court seeking permission to institute private prosecution against the current and former members of the National Assembly over abuse of office and economic crimes.
Among those he wants prosecuted are PresidentUhuru Kenyatta, Deputy President William Ruto, former president Mwai Kibaki and his former DeputyKalonzo Musyoka.
Aluochier has filed two petitions against the current 350 Members of the National Assembly including the Speaker and 218 former MPs.
Anti-Corruption Senior Principal Magistrate Timothy Okello directed that both files be placed before High Court Constitutional division for constitutional interpretations.
“The proposed complainant has moved to court and at this stage he is asking for leave to be allowed to conduct private prosecution in the two cases, “noted the Magistrate.
He ruled that since the activist has raised constitutional issues on prosecution of the case by a private person, the High court ought to determine various issues before he is allowed to prosecute the individuals.
“This court is of the considered view that the constitutional court give an interpretation on to what extend and on what nature of a case can a private person be allowed to institute criminal proceedings against another person or group of people,” Okello said.
He added that the constitutional court should also determine whether the Director of Public Prosecution be secluded from prosecuting the matter because it is alleged a member of the National Assembly is his relative.
The complainant had pointed out that the DPP Keriako Tobiko cannot prosecute the case since he is a brother to Kajiado East MP Peris Pesi Tobiko.
“The constitutional court could also determine any other matter as it deems appropriate in his case,” Okello ruled.
Aluochier is accusing the current legislators of abusing their offices by conferring benefits on themselves through reinstating the defunct National Assembly Remuneration Act.
The MPs had rejected the salaries awarded to them by the Salaries Commission saying they were bound by the National Assembly Remuneration Act.
He also wants them to face Economics crimes Act for repealing the Kenya Gazette notices slashing their salaries and attempted to unlawfully acquire enhanced salaries and allowances from public funds.
He argued that the SRC has the exclusive jurisdiction in setting and reviewing the remuneration and benefits of all state officers.
He wants the former legislators face prosecution for earning salaries and allowances from public saying they were not lawfully entitled to such after the life of the tenth parliament ended.

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