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Citizen Weekly

Tuesday, 21 April 2015

ABABU NAMWAMBA’S BID TO STOP HOUSE REPORT THAT DISBANDED PAC FAILS



ABABU NAMWAMBA’S BID TO STOP HOUSE REPORT THAT DISBANDED PAC FAILS
NAIROBI: The High Court has declined to issue temporary orders barring the implementation of a damning report arising from an investigation by the National Assembly on bribery claims that rocked the now defunct Public Accounts Committee ( PAC). Ousted PAC Chairman Ababu Namwamba’s attempt to halt the implementation of the report by the Committee on Powers and Privileges, which recommended dissolution of the watchdog committee and barred the Budalang’i MP alongside six lawmakers from reappointment, flopped. High Court Judge Weldon Korir said the court could not stop the process as had been prayed by Mr Namwamba without giving Parliament, the Attorney General and the committee a chance to tell their side of the story. “ PAC is an important committee of Parliament and derailing its operations should not be entertained without hearing the respondents,” Justice Korir said. In the case, Namwamba is fighting his removal from the helm of the committee accusing his political rivals of using PAC in a witch hunt to cripple the powerful watchdog committee. “The whole process leading to and culminating in the report is a classic example of a diabolical political witch hunt masquerading as a quasi-judicial process. If not challenged it is bound to set a manifestly dangerous precedent in Kenya’s parliamentary practise,” Namwamba said. He accused Parliament of using PAC as the scapegoat to clear its already tainted image. See also: Ababu wants 'truth' on Garissa attack Through his lawyer Isaiah Mandala, the Orange Democratic Movement Secretary General said: “It is an established principle of law that one cannot be punished for a non-existent offence or for an offence not stated during trial to afford one opportunity for defence or through retroactive application or rules.” He said the decision by the National Assembly to kick him out of PAC was orchestrated after he allegedly survived the first ‘political ouster’ scheme on February 26. “The Powers and Privileges Committee has merely used the House to implement a politically motivated conspiracy to remove me as PAC chairman through the backdoor contrary to the procedure laid out in Standing Order 193,” he said. He said Powers and Privileges Committee Chairman Moses Cheboi assured him that he had not been accused of any wrong doing.