National Assembly Speaker Moses Wetangula has filed an application requesting the court to remove his name from a case challenging the procurement of 25 cameras at an alleged cost of Ksh.1.6 billion.
The case was filed by the Law Society of Kenya (LSK), which moved to court seeking accountability over the procurement process, arguing that it was conducted without transparency and in violation of public finance management laws.
In his application, the Speaker argues that his inclusion in the proceedings is a misjoinder and unnecessary, asserting that LSK has not demonstrated any identifiable stake or interest he holds in the matter.
“No prejudice shall be occasioned to any of the other parties by striking out the Speaker of the National Assembly as a party from these proceedings,” the court documents state.
In the case listed under certificate of urgency, Wetangula is the second respondent, Transport Cabinet Secretary Kipchumba Murkomen is the first respondent, while the Secretary to the Cabinet, Prime Cabinet Secretary Musalia Mudavadi, Police IG Douglas Kanja and the Attorney General are the third, fourth, fifth and sixth defendants, respectively.
Wetangula also argues that his inclusion in the case is “contrary to the principles of fair and expeditious determination” since he is not involved in the procurement process.
“The Petitioners have wrongfully joined the Speaker of the National Assembly in these proceedings without establishing any legal or factual claim against the Speaker to warrant his involvement in this matter,” stated the documents.
“The Speaker of the National Assembly has no involvement in the matter, and his continued retention in this matter is prejudicial and contrary to the principles of fair and expeditious determination.”
The Speaker consequently notes that the exclusion of his name would be of little to no consequence.
“No prejudice shall be occasioned to any of the other parties by striking out the Speaker of the National Assembly as a party from these pleadings,” noted the court documents.
Wetangula sought to have the case mentioned before Tuesday, when the Petition would be heard, to avoid rendering his application nugatory.
