By Eliud Owalo
It is with great dismay that I have learnt that “Jubilee MPS have threatened to sue Raila Odinga if EACC investigation on Eurobond clears CS Rotich,and ordered IEBC to de-register Senator Wetangula”.
To begin with,Raila Odinga in his position and capacity as opposition leader has an inalienable right anchored in the Kenyan Constitution to keep the government on its toes on issues of accountability for the benefit of the Kenyan public.
The Controller of Budget and the Auditor General have both stated that there are pertinent questions which remain unanswered over the Eurobond saga,and gone further to express their concurrence that the Kenyan public deserve a commensurate explanation.
More so,the Jubilee MPs have no Locus Standi to sue in the eventuality that CS Rotich is cleared since they will not be an aggrieved party at any point in time during the process and even in case of that eventuality.Their empty threats,which have neither legal nor factual basis,just goes to confirm widespread fears that EACC does not act independently in the discharge of its duties and has perhaps allowed itself to be a mere appendage of sections of the political class in general,and the Executive in particular.
On the Wetangula issue,IEBC is supposed to be an independent Electoral Oversight body. In law therefore,it should not take instructions from any politician,group of politicians or arm of government in the discharge of its functional Mandate.
The reported legal threats by the Jubilee MPS on Eurobond and purported instructions to IEBC on Sen. Wetangula is therefore an irritating irrelevancy that should be treated with disdain and the contempt it deserves.