Environment CS sued over National Climate Council nominees

By KBC Reporters

Green Belt Movement together with two other NGOs have sued Environment and Natural Resources CS Judy Wakhungu and Parliament over nominees to the National Climate Change Council.  

The CS has been accused of refusing to forward to the National Assembly the name of Charles Mwangi, a nominee of the civil society to the Council.

The applicants have also sued Parliament for rejecting the nomination of Cynthia Wechabe as member of the council.

Wechabe was nominated   by the civil society through a consultative process to represent the marginalized community.

Her name has since been replaced with that of John Kioli. Green belt movement is now seeking an order to compel the CS to forward to Parliament Mwangi for consideration and approval as a nominee of the civil society.

In addition, they want the High Court to quash Parliaments decision to reject the name of Wechabe as a nominee of the marginalized community and an order prohibiting it from forwarding the name of Kioli to the President for appointment.

The petitioners insist that the decision is irrational, unreasonable, in bad faith and improper coupled with procedural impropriety unfairness and arbitrariness.

They claim that the membership to the National Climate Change Council as proposed shall not adhere to the constitutional one-third gender principle.

The CS has been accused of acting illegally and in contravention of the Climate Change Act by refusing to forward to Parliament the said names for consideration.

“Actions of the CS and Parliament are contrary to national values and principles of governance and equal treatment to ensure that minorities and marginalized groups participate and are represented in governance,” they state.

Separately,  more than 1,000 Kenyan traders and fishermen have moved to court to have Ugandan soldiers declared persona non grata at the Migingo Island in Lake Victoria. The fishermen argue that the Kenyan security agencies have failed to take action against the foreign soldiers whom they claim are involved in among other things human rights violation.

According to court papers, the traders and fishermen  want the court to compel the relevant government agencies to issue a declaration that the Uganda security personnel on the Migingo island as ‘persona non grata’.

Dr Dan Durell Alila representing the over 1000 traders and fishermen claim Migingo island residents have been subjected to suffering by the Uganda security personnel. The group has also sued the  National Security Council, the Defence Council, Kenya Defence Forces, Ministry of Defence, Ministry of Interior, Director of Public Prosecutions and the Attorney General.

They also want to be compensated for the losses they have incurred under  the activities of the Ugandan soldiers who they claim have driven them into poverty. The case will be heard on the 24th of this month;

Elsewhere, a former Senior Accounts Controller, in the office of the president has testified in the Anglo leasing case stating 1.7m Euros was paid to Infotalent Limited for the security systems tender.

Deputy Director Public Prosecutions Nicholas Mutuku and Senior Assistant Director Public Prosecutions Victor Mule presented two key witnesses who testified.

So far 17 witnesses have testified in the case. The retired accountant told the court that Former Principal Secretary OP Dave Munya Mwangi approved a payment advice of 1.7m Euros that passed through a standard procedure in December 2003.

Former Cabinet Secretary David Mwiraria, Dave Munya Mwangi, Joseph Magari, David Onyoka, Rashmi Kamani Deepak Kumar Kamani and Infotalent Limited are jointly accused of conspiring and engaging in  a scheme to defraud the govt over 59 m Euros through a suppliers financing agreement  for computerization of security, law and order systems and procedure for Kenya police project E-cops.

The case continues this week to 20th January 2017.