NAIROBI, Kenya, Mar 18 – Former President Daniel arap Moi’s personal assistant Joshua Kulei has asked a constitutional court to declare a notice requiring him to enumerate how he acquired his wealth unconstitutional.,
Through lawyer Pravin Bowry, Mr Kulei urged judges Joseph Nyamu, Roselyn Wendoh and Mathew Emukule to declare a notice issued on July 12, 2006 by the director of Kenya Anti-Corruption Commission (KACC) Aaron Ringera null and void.
He argued that section 26 of the Anti – Corruption and Economic Crimes Act under which the notice was issued is no longer in law.
“The section was amended in 2007 thus making the notice ineffective for all intent and purposes," he said.
Mr Kulei argued that since KACC had opted to continue with the matter despite the new legislation, the court cannot substitute the old section with the new.
“The changes are very substantial and the respondent having opted to proceed with the matter under the old section, the court cannot impose a new section," he submitted.
The advocate said it is unfair for KACC to ask his client to give all particulars of how he acquired his wealth from 2001.
“To ask an individual to start enumerating how he acquired his property is unfair and nearly impossible because fundamental principles of fairness and justice are likely to be abused," he added.
The notice by Justice Ringera, Mr Bowry contended, is unconstitutional because it indicated that it was from a judge who was still in an acting capacity.
“The notice looked as if it was from a judge and one would conclude that a judge was taking over an investigative-cum-judicial function. This renders the notice unconstitutional," added the lawyer.
Mr Kulei is challenging KACC’s demand that he lays bear his wealth portfolio and how he acquired it.
KACC has warned him that failure to comply with the directive would attract a fine of Sh300,000 or a jail term not exceeding three years, or both.