Former Prime Minister Raila Odinga. Nairobi lawyer Lempaa Suyianka (inset) has moved to court seeking orders to block the government from spending public funds campaigning for Mr Odinga in the race for African Union Commission chairperson
City lawyer Lempaa Suyianka has moved to court seeking orders to block the government from spending public funds campaigning for Raila Odinga in the race for African Union Commission chairperson.
In a petition filed at the High Court, Mr Suyianka and the African Centre for Peace and Human Rights further wants the court to issue a declaration that spending public finance and resources on Mr Odinga’s candidature is a violation of Article 201 (a) and (d) of the constitution.
The lawyer said he wrote to the Ministry of Foreign and Diaspora Affairs on September 10, seeking information on Mr Odinga’s candidature but got no reply.
He said that Mr Odinga has been going around the continent, in the company of government officials, campaigning for the position of the AUC chairperson.
“That pending the inter-partes hearing of the notice of motion and pending the hearing of the petition, an order or injunction requiring the 3rd respondent (Ministry of Finance) to stop, cease and desist from using any more public funds or resources from the candidature of the interested party (Mr Odinga) for the position of the African Union Commission chairperson,” he said in the application.
Public resources
Mr Suyianka said he sought information on when the government decided to sponsor or support Mr Odinga’s candidature for the post.
He also sought to know who or what body of the government made the decision, but he said the information has not been forthcoming.
In the letter, Mr Suyianka said he sought to know how much public resources has the government committed or set aside for all activities relating to Mr Odinga’s candidacy bid.
He added that he asked how much had been spent already and who authorised the spending.
“The failure by the 1st respondent (Ministry of Foreign Affairs) to provide to the petitioner with the information sought is an infringement of articles 35(1)(a), 35(3) and 33 of the constitution,” he said.
He added that the failure to provide the information was a violation of the values and principles of governance, especially those that relate to the rule of law, participation of the people, human rights, good governance and transparency and accountability.
The lawyer said the failure to supply him with information is a breach of his right to freedom of expression including the freedom to seek, receive or impart information.
Mr Suyianka said if not compelled to provide the information as requested, the candidature of Mr Odinga is likely to be conducted in secrecy and huge amounts of taxpayers’ money could be lost.
