Rt. Hon. Raila Odinga will not appear before the EACC. And that is so. If EACC is indeeed interested with information about the theft of EUROBOND money they sure know where to get it.
Raila’s lawyers have advised EACC to investigate the scandal first and then go to the Peoples’ president for any complementary or secondary information if need be.
Mr. Halakhe D. Waqo, ACI Arb,
Secretary/Chief Executive Officer,
Ethics & Anti-Corruption Authority,
Milimani/Valley Road Junction,
P.O. Box 61130 – 00200,
REF: EUROBOND INVESTIGATIONS
We act for the Rt. Hon. Raila Amolo Odinga.
Our client has placed before us a letter dated 4th December 2015 inviting him for a consultative meeting with you on the above subject matter.
Our client, as you well know, is the Party Leader of the Coalition for Reforms and Democracy (CORD). Our client is also the Party Leader of the Orange Democratic Movement (ODM) which together with Wiper Democratic Movement and Ford-Kenya make up CORD to form a coalition of opposition parties.
ODM, Wiper Democratic Movement and Ford Kenya acting alone or jointly under the banner of CORD are solely responsible for keeping the Government of the Republic of Kenya in check in accordance to the Constitution.
In particular, the said opposition parties are obligated under the Constitution to ensure that the government and all State Officers adhere to the national values and principles of governance laid out in Article 10 of the Constitution, and in particular governance, integrity, transparency and accountability, and also the principles of leadership and integrity laid out in Article 73 of the Constitution.
It is from this constitutional perspective that our client has been quoted extensively commenting in the media on the â€œEurobond Sagaâ€.
Your Commission, on its part, has a wide range of functions laid out in both Chapter Six and Article 252 of the Constitution and also in the Ethics and Anti-Corruption Commission Act. Apart from investigations of allegations of misappropriation of public funds, it is mandated and given powers to investigate breaches of Codes of Conduct, recommend appropriate action to be taken on the State Officers or Public Officers alleged to have engaged in unethical conduct and even request and obtain professional assistance or advice from such persons or organizations as it considers appropriate.
In respect to your investigative function, your Commission has far superior legal and personnel capacities than our client to pursue and obtain primary evidence on all questions that you are required to investigate in the Eurobond saga. It is curious why, before exhausting these capacities, the Commission has found it necessary to seek our clientâ€™s help in their investigation.
Nevertheless, for whatever contribution it may make to the work the Commission is undertaking, our client has instructed us to furnish you with copies of two letters dated 1st December 2015 and 4thDecember 2015 written by us to the Cabinet Secretary and Principal Secretary of The National Treasury which lay down the basis of clientâ€™s position on the Eurobond saga.
At the end of your investigation, after you have established where primary evidence is unavailable in the matters under investigation, our client will avail to you any secondary information, materials or perspectives that may assist the Commission further to fill in the investigative gaps.
In the light of the above, we are instructed by the Rt. Hon. Raila Odinga to inform you that the proposed meeting for Thursday 10th December 2015 is presently superfluous and the invitation is hereby declined.
In the meantime, we would be interested to know whether you have written a similar letter to the numerous persons who have also been â€œquoted extensively commenting in the media on the matterâ€. Our firm has inquired from several people who over the last few weeks have discussed this issue extensively in the Print, Electronic and Social Media but none have received a similar letter from you inviting them to your Integrity Centre offices to share with you all the â€œinformation and material documentsâ€ they may be having regarding the Eurobond saga.
Furthermore, since a general appeal had previously been issued to the general public to volunteer information to the Commission on the Eurobond investigation, we find the emergent need for a personalized appeal to the Rt. Hon. Raila Odinga completely baffling.
Click on the picks below to maximise view of the letter by Raila’s top lawyer Paul Mwangi.