A HOMA-BAY VOTER HAS WRITTEN TO THE LSK AND IEBC AND ASKED THAT IMMIGRATION MINISTER OTIENO KAJWANG IS UNFIT TO HOLD ANY PUBLIC OFFICE AND SHOULD BE BARRED FROM CONTESTING ANY ELECTIONS.
Writes Leo Odera Omolo In Kisumu City
A Nairobi based firm of lawyers has written to the Law Society of Kenya {LSK} raising questions about Immigration and R4gistration of Persons Minister Gerald Otieno Kajwang’s suitability to vie for public office given that he was struck off the Rolls of Advocates a couple of year ago.
The law firm is acting on behalf of a registered voter in Homa-Bay County Mr Edward Ochieng’ Otieno who raised eleven [11] point issues of complaints about the minister’s suitability to hold any elective office or the appointive one.
The law firm of Ekuru and Nyamuthwe company advocates wrote to the Chief Executive Officer of the LSK Apolo Mboya,and copied to the Attorney General the chairman of the LSK Eric Mutua, the chairman of the LSK, Mrs Gladys Shollei, Chief Registrar of the Judiciary, Franklin Bett, the chairman of the ODM Elections Board, the ODM, The party leader Raila Odinga, the ODM’s Secretary General Prof. Peter Anyang Nyongo’o, the leader of the Wiper Democratic Movement, the leader of the Ford Kenya Moses Wetangula and the chairman of the Independent Electoral Boundary Commission [IEBC].
Observers in Kisumu and its environs were quick in pointing out that barring Otieno Kajwang’ from contesting the Homa-Bay Senate seat would dealt a heavy blow to the ODM leader Raila Odinga.
Kajwang’is believed t0 be Raila Odinga’s pointman, especially in the greater Southern Nyanza. He is currently the ODM Homa-Bay county branch chairman.
The action came about after the voter in question had learnt that the ODM headquarters had already cleared Minister Otieno Kajwang’ to participate in the party’s primaries on Thursday {17th January 2013].
The contentious letter states, ’We have been retained by Mr Edward Ochieng’ Otieno, a registered voter who seeks clarification on a number of issues pertaining to the Hon.Otieno Kajwang’.
In addition, our client wishes to bring to the attention of the Law Society of Kenyaevents that requires your attention. Thus we write to you as follows.-
{1} That in exercise of his civic duty as a registered voter in Homa-Bay County, Mr Otieno is keenly monitoring the extent to which the rule of law in respect of the above person {HON. Kajwang’] under the reference is being followed. This issue arises because of what has come to the fore that Hon. Kajwang’ has been struck off the Roll of Advocates and therefore a person not fit to hold, let alone applying for public office whether elective are appointive.”
[2} That to this very date, the Hon. Kajwang’ stands struck off the roll of Advocates and as such he is a dishonored member of the legal profession reason why he was removed from the Roll of honour of advocates in accordance with the enabling law.
The letter went on, ’Our client now requests for a confirmation from your offices whether Hon. Kajwang’can be said to be a member of the LSK in good standing? How many times has been struck off the Roll of Advocates?
{3} That it has come to our client’s attention that Hon.Kajwang’ has initiated from you whether indeed Hon. Kajwqng’ has initiate this process and who are the parties or institution presiding over the proces? a process to be reinstated into the Roll of Advocates. Our client seeks to know from you whether indeed the Hon. Kajwang’ has initiated the process and who are the parties or institution presiding over the process?
{4} That further to the foregoing our client seeks further to know the process that an Advocate who has been struck off the rolls of Advocates follow? Our client further seeks to know from you whether it is indeed that Hon. Kajwang’ has indeed initiated a process seeking to clear him to stand for elective office?
[5] Our client points out to you that the Hon. Kajwang’ now seeks to be elected as a member of the Senate to represent the County of Homa-Bay. Our client contends that Hon.Kajwang’ has initiated this process with the full knowledge that he has serious integrity issues on account of having been struck off the Roll of Advocates. This is convenient cleansing on his part that is intended to defeat chapter 6 of the Constitution on leadership and integrity.
{6] Our client is aware of the good role the LSK continues to play in issuing Clearance Certificates of good conduct and standing during the recruitment of its members to various public offices, interlia, the IEBC. Could you confirm to us whether you intend to follow the same process in clearing those seeking elective posts such as Hon. Otieno Kajwang’?
[7} Our client asserts that the LSK should guard the Constitution and refuse to allow the LSk to be used conveniently by those now seeking clearance to vie for elective posts. Our client contends that the Hon. Kajwang’n is a man whose integrity to hold public office is very wanting and cannot therefore be cleared by the LSK to stand for the Senatorial seat for Homa-Bay County.
{8}Our client observes that the Hon. Kajwang’ has conveniently initiated the process seeking to be restored to the Roll of Advocates. Our client contends that the requirement for public officers to demonstrate integrity is a gain in the new Constitution and the LSK should protect that gain at all costs.
{9} Our client further seek to know if it is indeed true that hon. Kajwang’ has appeared in the recent past before the Advocates Complaints Commission and whether he indeed apologized for having misappropriated clients money; reason why he was struck off the Rolls of Advocates in the first instance?
[10}It is true that the Hon. Kajwang’ on his own admission that he had stolen client’s money, what does the LSK plan to do with this confession on the part of Minister Otieno Kajwang?’. It is our client’s firm conviction for that Hon. Kajwang’ should be prosecuted forthwith.
[11} Our client urgently requires the information herein sought to enable him make a determination whether to proceed to court or not for reasons that our client is aware that the Orange Demcratic Mvement Party{ODM] plans to include the Hon. Kajwang’ as one of the candidates for the Senatorial seat for the Homa-Bay County.
It is our client’s firm conviction that Hon. Kajwang should not be cleared by the LKSK to stand for any public office until such time that he is properly retored into the Roll of Advocates.
Hon Oteno Kajwang’; could not be reached for his immediate comment over the issue, but the matter is increasingly becoming an election issue within the Homa-Bay County.
Ends