September 25th 2017

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Raila's demand for prosecution of CSs campaigning is backed by law

Both the constitution and the Elections Act bar the state officers from engaging in active politics which is not limited only to vying for elective posts but also participating in political party activities such as campaigns

By Lucy Mwihakilmwihaki@kenyafreepress.comFriday, 16 Jun 2017 15:03 EAT

DPP Keriako Tobiko addressing media in a past event.

The seven- day ultimatum opposition National Super Alliance (NASA) Presidential candidate Raila Odinga and his team have given to Director of Public Prosecution (DDP) to prosecute seven CSs over their engagement in campaigns is backed by the law.

Both the constitution and the Elections Act bar the state officers from engaging in active politics which is not limited only to vying for elective posts but also participating in political party activities such as campaigns.

The Public Officers Ethics Act and leadership and Integrity laws further require that a public officer should not engage in political activity that may compromise or be seen to interfere with the neutrality of their office.

NASA has written to DPP Keriako Tobiko asking him to arrest and prosecute the seven cabinet secretaries who are alleged to have violated the law by campaigning for the President Kenyatta’s reelection. The Opposition also wants the Independent Electoral and Boundaries Commission (IEBC) to penalize the President for allegedly bankrolling his re-election from state coffers and using government funds to lure voters.

According to NASA, the DPP ought to have already opened a file for all the state officers who have openly campaigned for the Jubilee administration. But President Kenyatta and Attorney General Githu Muigai see it differently since they have kept quiet aware the said CSs are fully involved in campaigns.

The seven cabinet secretaries are:

      Fred Matiangi (Education)

      Eugene Wamalwa (Water)

      Mwangi Kiunjuri (Devolution)

     Joseph Nkaissery (Interior) are the major Cabinet Secretaries who have been targeted by NASA.

Others are Najib Balala (Tourism), Cleopha Mailu (Health CS) and James Macharia (Transport).

NASA chiefs led by Musalia Mudavadi also singled out Energy PS Joseph Njoroge and KRA boss John Njiraini for bankrolling Uhuru’s campaigns. “When the head of government’s chief revenue collection agency KRA is a direct donor of taxpayers’ money to a political party then the national Treasury and the economy is in jeopady.” said Musalia as he was addressing a press conference. Musalia added that the government and the state of the Republic are not on the ballot, instead its Uhuru who is on the ballot.

The Siaya senator, James Orengo said that they have given the DPP seven days to charge these state officers failure to which, the NASA principals will have no option but to institute private prosecutions against the president‘s key allies. The senator added that the DPP has no option but to take action.

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