Devolution CS Anne Waiguru sues Raila for linking her to NYS graft saga

Devolution Cabinet Secretary Ann Waiguru during a press conference at Harambee house on 11/9/2015. PHOTO BY FIDELIS KABUNYI

Devolution Cabinet Secretary Ann Waiguru has sued Cord Leader Raila Odinga over his recent utterances in two public meetings linking her to the Sh791 million scandal at the National Youth Service (NYS).

Ms. Waiguru says in the case filed under certificate of urgency at Milimani Law Courts that Odinga's utterances over her alleged involvement in the scandal were false and defamatory and portrayed her as a common thief, an embezzler of public funds, corrupt in the extreme, a flagrant law breaker and unfit to hold public office.

On September 14 and 24, through her lawyers, the Devolution and Planning Cabinet secretary, demanded an unconditional apology from Mr. Odinga.

Ms Waiguru further asked Mr Odinga not to repeat the claims and to admit liability or she would pursue damages.

But in a quick rejoinder, Mr Odinga said he would not apologise and challenged her to go to court. The ODM leader welcomed the lawsuit, saying it would give the CS an opportunity to explain her role in the scandal.

Ms Waiguru wants the court to restrain Mr Odinga from making further utterances and compensate her.

Waiguru says she has never been accused of any wrong doing during the long period she has worked in the civil service adding that the utterances by Odinga by way of innuendo were actuated by malice in pursuit of a political agenda.

"I have never embezzled or stolen money from anyone as alleged by the defendant," Waiguru says in the suit papers.

Waiguru says despite seeking an apology and retraction of the said defamatory utterances from Mr Odinga, on September 23 at the Cord solidarity rally at Uhuru Park he repeated the same words.

"He did not seek to establish the truth of the alleged statements that the plaintiff is promiscuous, low moral standing, unethical conduct and uses her position in government to engage in immoral acts and corruption," the CS says

Waiguru in the suit papers filed in court yesterday claims by reason of the uttered words she has been severely injured standing as a senior civil servant throughout Kenya and the international community.

"The plaintiff avers that the uttering of false and wrongful words have exposed her personal and professional standing and character to public scandal, ridicule, contempt and embarrassment as she continues to suffer enormous damage, anxiety and disrepute," Waiguru says through Mohamed Muigai Company Advocates.

Ms Waiguru protests that Mr Odinga's utterances over her alleged involvement in the scandal were false and defamatory and portrayed her as a common thief, an embezzler of public funds, corrupt in the extreme, a flagrant law breaker and unfit to hold public office.

"On or around July 17, 2015, at a press conference held at your offices, you released what you referred to as a "List of Shame" and uttered the following and defamatory words in relation to our above named client," the CS states.

Ms Waiguru said she was scandalized by the Cord leader when he said that: "We will not take the President seriously on the war on corruption until thieves are treated equally. The law must apply on scandals over IFMIS, NYS and the Independent Electoral and Boundaries Commission in the same way as the roads and other ministries."