Activist Boniface Mwangi has written to the IEBC requesting for Deputy President William Ruto’s wealth declaration forms as well as tax returns since his election in 2013.
In a letter addressed to the IEBC on Monday, Mwangi through his lawyer Gitobu Imanyara wants the commission to furnish them with the information before November 1, 2016.
The letter states that the request is to enable their client ‘exercise his constitutional right to a fair hearing’ in a defamation suit filed against him by Ruto.
This is the latest twist to the legal duel between Mwangi and DP Ruto which was occasioned by an alleged defamatory tweet published by the activist on September 30.
“Our request is founded on Article 35 (1) (a) and (b) of the Constitution and other relevant laws”, the letter read in part.
Ruto sued Mwangi on October 7, 2016 over a tweet he deemed defamatory to him.
It seems DP Ruto’s suit helped to open a can of worms, his advisors will regret their decision.
Politicians rarely sue members of the public or their colleagues for slander not because they can’t win such cases but because doing so is exposing oneself to extreme scrutiny
This case is going to destroy Mr. Ruto’s reputation badly.
Hon Jim B adds>>> Now Mr. Mwangi’s lawyers have requested for his tax returns record and wealth declaration. For your information, if a lawyer asks for your records, he/she already knows what it entails.
Just like in the ICC case, the Mt. Kenya Mafia through NIS will supply Mr. Mwangi’s defense team with very vital documents that will help them nail Mr. Ruto Of course Mr. Ruto MUST be destroyed before 2022 if uthamaki is to survive.
Budalang’i MP Ababu Namwamba who compromised ODM for personal gain and decamped to jubilee secretly was finally confronted by angry voters in Mombasa who accused him of betraying the change movement and joining Uhuru Jubilee party.
The voters mostly youths demanded that Ababu clarify his stand on support for the corrupt Jubilee regime, some blocking his exit path.
The MP had just come out of a church service at Glory Worship Center at Bangla, Jomvu constituency.
The youths, about 70 in number who appeared infuriated, shouted that the legislator should not have ditched Opposition.
The legislator resigned from the ODM secretary general post in June and later relaunched the Labour Party of Kenya that is aligned to Jubilee party.
It took the intervention of Labour Party of Kenya organising secretary Peter Ole Musei to cool them off.
But Namwamba later told local reporters that the youths, who he described as ‘good boys’, were airing their ‘genuine grievances’.
“Would they have allowed me to address them if they had ill-intentions? These are people who saw a perfect avenue to have their serious grievance sorted,” he said.
He said if the youths were rowdy as purported, his car windows would have been smashed.
PRESS STATEMENT BY BONIFACE MWANGI LEGAL TEAM
On 30th September 2016, the Deputy President William Ruto acting through his duly appointed Advocate served a demand letter to Boniface Mwangi seeking among other things immediate publication of a suitable retraction, correction and apology of a tweet of 28th September, 2016 by Boniface Mwangi. The demand was that the apology was to be given a prominent coverage. The demand letter also sought an unconditional admission of liability for libel within seven(7) days.
On 5th October 2016, Boniface Mwangi’s legal team through GitobuImanyara& Co. Advocates responded to the demand letter stating that Boniface Mwangi has very real and compelling reasons for fearing that the Deputy President may wish to kill him and reserved the right to disclose these in court should the need the threatened legal action arise. The response further stated that Boniface Mwangi will seek to persuade the court that the Deputy President has no reputation worthy the indulgence of a court of justice either in Kenya or elsewhere.
On 7th October 2016, the Deputy President filed Milimani High Court Civil Suit No 264 of 2016 as threatened, served the suit papers on Gitobu Imanyara & Co. Advocates and thereafter served the Summons to Enter Appearance on 14th October 2016.
Today, 21st October 2016, Boniface Legal Team filed in court the Defence and Counterclaim against the Deputy President which inter alia states that the Deputy President WilliamRuto has no reputation to protect arising out of the indictment at the International Criminal Court (ICC) for crimes against humanity, documented land grabs—both public and private— and previous implication in corruption scandals, to support his claim.
The 36-page bundle of documents constituting Defence filed in court by Gitobu Imanyara& Co. Advocates on behalf of Boniface Mwangi,contains a counter-claim against Deputy President for defamation following comments that the Deputy President made on local media insinuating that Boniface Mwangi is a perpetual drunk, who routinely wakes up late to nurse a hangover.
Boniface Mwangi asserts that the ICC had found “sufficient evidence to establish substantial grounds to believe” that William Ruto, jointly with others, orchestrated “the crimes against humanity of murder, deportation or forcible transfer of population and persecution in Turbo town” on December 31, 2007, among other charges.
The defence further avers that “The decision to terminate the case against the plaintiff was due to disappearance of witnesses, intimidation of witnesses to recant testimony and lack of co-operation by Kenya…”
Lack of co-operation by Kenya, Boniface Mwangi went on, has since been referred to the Assembly of State parties that could see the UN’s Security Council impose sanctions on the country.
Boniface Mwangi states that the High Court reprimand of William Ruto in June 2013, when Lady Justice Rose Ougo restored Adrian Gilbert Muteshi’s 100-acre of land that Ruto had grabbed from him, among other disputes involving other public lands, is further evidence that his reputation is tarnished beyond redemption.
Boniface Mwangi insists that he merely restated Cyrus Jirongo’s assertion implicating Ruto in the murder of businessman Jacob Juma, a statement that Ruto acquiesced to insists Boniface,
In his defence, Boniface Mwangi further states that the freedom of expression, coupled with the corollary right to receive and impart information, is a core value of any democratic society deserving of the utmost legal protection.
As such, it is prominently recognised and entrenched in virtually every international and regional human rights instrument. As part of his defence, Boniface Mwangi states that suit filed by the Deputy President is intended to curtail his constitutional freedom of expression and to hold an opinion ahead of the 2017 General elections.
The defence and Counterclaim by Boniface Mwangi also opens less known claims, such as William Ruto’s alleged extra-marital liaison with an unnamed university student, who bore his baby on March 6th, 2006. William Ruto allegedly neglected to support the baby until court action was threatened against him.
This, Mwangi says, illustrates that the Deputy President lacks moral authority of a devout Christian. Mwangi restates his right to express his opinion as a public-spirited journalist and activist.
As Kenyans continue to mourn the demise of Afro Jazz singer Achieng’ Abura who died on Thursday night at the Kenyatta National Hospital.
Despite being instrumental in the music industry, a lot is remains unknown about the sassy singer. Below are things you might have not known about her:
Lydia Achieng Abura did her O’levels at Kenya High School; she later joined Virginia Commonwealth University in USA, for her undergraduate in chemistry. She also has a Masters of Philosophy in Environmental studies from Moi University.
2. Her career as a singer started 26 years ago
The artiste’s debut gospel album titled I Believe came out in 1990. She would follow it up with two more albums, Way Over Yonder and Sulwe. In 2002, when she had shifted to Afro-jazz, she released the album Maisha. Later she released the album Spirit Of a Warrior. Her last album, titled Dhahabu Yangu was released in 2007 by the Blu Zebra label. In 2008 she played the role of the Academy Principal in the music reality show Tusker Project Fame.
3. Was part of foursome divas
She was part of the Divas of The Nile super group that featured four Kenyan female musicians. The other three group members were Suzzana Owiyo Suzzana Owiyo, Mercy Myra and Princess Jully. The group performed at the Festival Mundial in Tiburg, Netherlands in 2007. Also she was the voice behind the cartoon character the crow in the musical Tinga Tinga tales.
4. Multiple award winner
In 2004 Abura won the Kora Award in the Best East African Female artiste category. She was also honored by the president in 2004 with the Order of the Grand Warrior (OGW) for her contribution to the arts and culture in Kenya. In 2012 she was recognized by the Jordan Foundation in USA for her contribution to social change and development through music in Kenya.
5. Social Ambassador
Abura was passionate on social transformation and was an activist for peace, good governance and the environment. Until he death, she was the Goodwill ambassador for UNDP.
Rest in peace Achieng, May God grant you perfect peace.
Kenya is headed to a very volatile and vicious 2017 electoral contest that requires high threshold of integrity, credibility and transparency .
Actions by security services, all controlled by the national government and majority of whose key leadership fails to reflect the diversity of the country as required by the Constitution, could aggravate tensions around the polls due to perceived bias and undermine the credibility of elections outcomes and integrity of the vote, warns International Center for Policy and Conflict(ICPC).
We note that one unique feature of a well-entrenched constitutional and peaceful electoral democracy is a neutral security set up. Biased security institutions create an atmosphere of heightened tension with some losing their credibility in the process.
ICPC conduct monitoring on the neutrality and impartiality of the security institutions to ensure no interference with the activities of electoral process and/or exerting of influence on the election environment.
Security agencies were not neutral in 2007 general elections. We are gravely concerned because all indications suggest that the situation has not significantly changed heading towards 2017 general elections unlike 2013. There are serious concerns that political tensions could rise as a result of the presidential election and that localized violence may occur due to ethnic/clan/factions in County elective positions.
ICPC warns security agencies to be impartial in providing security pre, during and after elections. It is particularly important that security agencies provide security for elections in an impartial manner in accordance with Articles 238(2) and 239(30 of the Constitution of Kenya. When security services and other state actors who are supposed to act independently are thought to be taking sides, it has the tendency of creating spite and rancor. This is happened with 2007 general elections with serious ramifications.
We are especially deeply concerned that the President in unconstitutional step placed the National Intelligence Service(NIS) under his control.
ICPC further observes that neutrality and independence of the civil service especially unnecessary provincial administration in electoral process is pertinent. Political parties should reaffirm their commitment to peaceful polls.
Electoral body (IEBC) should continue to enhance transparency and confidence in the electoral process by expanding and intensifying its engagement through active consultation with stakeholders and public outreach.
Security services have serious constitutional responsibilities to the people of the Kenya and so their importance to the health of the country cannot be under estimated.
It is therefore imperative that their leaders must not drag these invaluable institutions into the realm of partisan politics.
Security agencies have a constitutional obligation, duty and responsibility to ensure that electoral integrity is not compromised to avoid political destabilization.
To effectively safeguard the electoral process, each and every security agent must remain absolutely neutral and professional in dealing with all parties and elections candidates. There should be zero tolerance for disrespect of the law and the disregard of the constitutional and civil rights of the citizens, voters and contestants alike.
We therefore urge strongly security agencies and security personnel stick to, and concentrate on, their core constitutional duties; otherwise they stand the risk of becoming part of already complicated toxic political environment.
We emphasis again that state institutions responsible for the administration and security of an election must fulfill their mandates impartially. An election is a mechanism by which people are able to exercise their political, civil and human rights at no fee.
Security protocols must consider and acknowledge these rights, as well as the heightened sensitivity and scrutiny to the respect for these rights that occur during an election period.