Moi’s former aide seeks fair treatment

By Judy Ogutu

A former Personal Assistant to retired President Moi, Joshua Kulei says he has been unfairly treated following demands by the anti-graft agency that he declare his wealth.

Mr Kulei, yesterday told a constitutional court he was barred from getting a visa to England where his children are, after the Kenya Anti-Corruption Commission (Kacc) wrote to him the demand notice in July 2006.

The commission has through its director, retired Judge, Justice Aaron Ringera written to Kulei asking him to furnish it with information on his wealth.

Kacc wants him to account for property he acquired between 1991 and 1992.

While demanding his wealth portfolio, the Kacc had said, "he was reasonably suspected of corruption and economic crime."

Enumerate property

It asked him to enumerate his property, including the description, location, approximate value and details on when and how each was acquired.

Yesterday, his advocate, Mr Pravin Browry told the three-judge Bench comprising judges Joseph Nyamu, Roselyn Wendoh and Anyara Emukule the notice signed by Kacc director was tantamount to branding him guilty.

"As a consequence of what has been happening to the petitioner (Kulei), he has been subjected to public ridicule. All the facts are on the internet. By a press of the button, an individual can be branded a criminal," he said.

Kulei has sued the commission, saying it has no basis in law to ask him to declare the wealth.

He further argues that by signing the notice as "Justice Aaron Ringera," the Kacc director creates an impression the notice has been issued by a judge of the High Court, which is contrary to the rule of law and separation of powers.

"He was not a justice when that notice was given. Let us not presume the world knows who Ringera is. A judge cannot be a member of an investigative body," he argued.

The commission, through its advocate, Mr Jairus Ngaah opposed the application.

Kulei, he argued, had not demonstrated how the notice had contravened his constitutional rights.