Kirinyaga Governor Anne Waiguru wants the High Court to allow a case she had filed against National Super Alliance leader Raila Odinga to proceed, citing lack of sufficient reason why the hearing should be delayed.
Raila, through his lawyer Paul Mwangi, had made a request that the hearing be stopped because he was filing an appeal challenging a ruling issued late last year which allowed the former Devolution Cabinet Secretary to conceal certain information regarding her lifestyle
Waiguru sued Raila for defamation after the former Prime Minister linked her to loss of millions of shillings at the National Youth Service (NYS) during her tenure as CS.
Mr Odinga’s lawyer had asked her to respond to issues including her salary, allowances, list of properties and her financial worth among others.
After High Court judge Joseph Sergon ruled in Ms Waiguru’s favour, that she should not respond to the queries, Mr Mwangi expressed his dissatisfaction saying although Ms Waiguru had been mummed, she had given reasons for not answering.
But in the latest development, Waiguru through lawyer Mohammed Muigai, says Mr Odinga has not filed his appeal papers within the time stipulated in law hence he should not be granted the orders he is seeking.
“Throughout the course of this matter, Mr Odinga has made numerous attempts to delay the matter, including failing to comply with civil procedure rules and requesting adjournments on a number of occasions,” Waiguru said in court papers.
According to her, Mr Odinga intends to abuse the court process and use the application seeking to stop the hearing pending appeal, to further delay the case.
Waiguru raised her concerns saying she filed the case in 2015 but it was yet to be heard.
“I am apprehensive that further delay will prejudice me by compromising the availability of my witness and her ability to recall matters pertinent to this suit.” She said.
Adding, “Additionally, Mr Odinga’s “defamatory words” continue to be believed by a large number of people in Kenya and beyond, she says, adding that her reputation is still being adversely affected.
“It is not in the interest of justice that proceedings are stayed as Mr Odinga has requested. It is only just that I am given an opportunity to clear my name in a timely fashion.”
Apart from Raila, Waiguru is also pursuing former senators Boni Khalwale and Johnson Muthama for linking her to the theft of Sh791 million at NYS.
