LSK gives Ethics and Anti-Corruption Commission citizenship details of William Kabogo's deputy

By Roselyne Obala and Cyrus Ombati

Kiambu, Kenya: The Law Society of Kenya (LSK) has formally furnished the anti-graft body with information regarding the alleged dual citizenship of Kiambu Deputy Governor Gerald Gakuha.

The Ethics and Anti-Corruption Commission (EACC) initiated a probe after reports emerged that LSK had written to the Senate and the Independent Electoral and Boundaries Commission (IEBC) chairman Isaack Hassan raising queries on Mr Gakuha’s citizenship.

LSK now wants the matter to be expedited to establish whether Gikuha is citizenship of two countries.

LSK Chief Executive Officer Apollo Mboya responded to EACC Deputy Secretary in charge of Operations Michael Mubea’s letter dated March 5, requesting information on the subject.

In his response, copied to Director of Public Prosecutions (DPP) Keriako Tobiko, Hassan and LSK chairman Eric Mutua, Mr Mboya indicated that they were yet to receive documents from IEBC or the deputy governor.

“The information that has come to the society’s attention indicates that Gakuha is of British nationality,” stated Mboya.

He continued, “Article 78 of the Constitution provides that a person is not eligible for election or appointment to a State office unless the person is a citizen of Kenya, and that a State Officer or a member of the defence forces shall not hold dual citizenship.”

Mboya indicated that Article 260 of the Constitution indicates that the office of the deputy governor is a “State office” and, therefore, the occupant is a State officer.

Electoral documents

He said that in his letter dated February 21, 2014, LSK requested IEBC to provide information and documents filed by Kiambu Governor William Kabogo and his running mate Gakuha at the time of submission of relevant electoral documents for clearance to contest in the last General Election.

Mr Mubea in his letter to LSK indicated that the Leadership and Integrity Act, 2012 mandates the anti-graft body to ensure compliance and enforcement with the provision of Chapter Six of the Constitution.

“The commission requests in the spirit of our mutual co-operation that you (LSK) provide us with information in your possession regarding the subject to facilitate further investigations and action,” read part of Mubea’s letter to LSK.