Waiguru Seeks to Quash PAC NYS Report
Ann Waiguru Goes to Court to Quash PAC Report Linking Her to NYS Scandal
Former Devolution Cabinet Secretary and Jubilee Party Kirinyaga gubernatorial candidate Ann Mumbi Waiguru has moved to court seeking to overturn a Public Accounts Committee (PAC) report that was adopted by Parliament and linked her to losses at the National Youth Service (NYS).
Waiguru is also seeking court orders to bar the Ethics and Anti-Corruption Commission (EACC) from conducting a lifestyle audit or commencing any fresh investigations against her pending the determination of her petition.
Challenges PAC Findings
In court documents, Waiguru argues that the PAC findings contained in a special audit report dated May 2016—which blamed her for the entire loss of public funds at the Ministry during her tenure—are irrational, unreasonable, and unsupported by evidence.
She contends that the committee relied heavily on what she termed as uncorroborated, contradictory, and false testimony from businesswoman Josephine Kabura, who has previously been charged in connection with the NYS scandal.
“No evidence was produced before the Public Accounts Committee linking me to the companies allegedly paid within record time for goods and services,” Waiguru states in her pleadings.
Claim of Procedural Unfairness
Through her lawyer Issa Mansur, Waiguru argues that the PAC acted unfairly and in breach of the law by finding that she violated Chapter Six of the Constitution on leadership and integrity, despite the absence of any evidence of impropriety on her part.
Mansur further submitted that the committee ignored crucial evidence presented by former Director of Criminal Investigations (DCI) George Ndegwa Muhoro, who had informed the committee that documents related to the NYS scandal were recovered from the residences of suspects already facing prosecution.
According to Waiguru, there is no new or fresh evidence to justify renewed investigations against her, terming the move by investigative agencies an abuse of office and malicious prosecution.
Denies Involvement in NYS Scandal
In a sworn affidavit, Waiguru denied any involvement in the alleged NYS looting, stating that her name was deliberately dragged into the scandal to shield the real perpetrators.
She maintains that she was used as a scapegoat despite cooperating fully with investigators and that she was never charged with any criminal offence arising from the NYS probe.
Court Directions
The court directed Waiguru to serve all respondents with the court papers and thereafter take a date for the hearing of the main constitutional petition.
