A Doctor has sued Asset Recovery Agency Deputy Director, legal Services and corporation Secretary Jennifer Gitiri for holding eight public offices.
Dr Magare Gikenyi accuses Gitiri of holding five public offices thus denying other Kenyans a chance to serve in those capacities.
He wants the High Court to issue an order prohibiting Gitiri from sitting as a Board Member or employee of Council of Legal Education, Kenya Law Reporting Council(KLRC) , Kenya Revenue Authority(KRA), witness Protection agency(WPA) and Victim Protection agency(VPA).
He also wants the court to issue an order prohibiting Gitiri from drawing allowances for sitting on those institutions’ boards pending hearing and determination of the case.
In his constitution petition, Gikenyi also wants the court to issue an order against the five public institutions prohibiting them from allowing Gatiri from sitting as a board member and or employee of the interested parties and drawing an allowance for such sitting.
“A conservatory orders be issued against Jennifer Gitiri prohibiting her from sitting as a board member and or employee of the Interested Parties (Council of Legal Education, Kenya Law Reporting Council , Kenya Revenue Authority, Witness Protection Agency and Victim Protection Agency and drawing any allowance for such sitting pending hearing and determination of the petition,” Dr Gikenyi says.
According to the court documents, Gitiri holds the positions including Deputy Director, Legal Services and Corporation Secretary of the of Witness Protection Agency, Acting Chief Executive Officer, Acting Secretary of the of the Chairman Council of Legal education, sits on the Board of Directors of the Kenya Law Reporting Council as a Representative and on the Board of Directors of Kenya Revenue Authority as a Representative of KLRC.
She sits on the Board of Directors of Witness Protection agency as a Representative of the KLRC and Sits on the Board of Directors of the Victim Protection agency VPA) as a Representative of KLRC.
The ARA deputy boss also sits a Board of director of two private entities including Living Water and ACAMS East Africa Chapter.
Gikenyi argues that it is inconceivable and smacks of favouritism and cryonism for Attorney General to appoint Gitiri to sit on five different public boards as a representative of the AG then holds other four other substantive public appointments as a full time employee of Witness Protection Agency and CLE.
“For one to qualify to sit on a Board of Directors as a representative of the Attorney General of the Republic of Kenya, the person so appointed must be in active and direct employment of the Office of the Attorney General,” says the doctor.
He further argues AG does not qualify to sit on even a single board of Directors as she is a full time employee of Asset Recovery Agency with a contract of employment as Deputy Director Legal Services and Corporation Secretary, which is a separate entity from the Office of the Attorney General with power to sue and being sued in its own name having been established under Section 53 of the Proceeds of Crime and Anti-Money Laundering Act No. 9 of 2009.
“I wish to point out that Gitiri has no outstanding skill or extraordinary intellect that makes her better qualified than close to 800 State Counsels working in the Attorney General’s chambers who can and should similarly be appointed to public boards as a representative of the Attorney General”, he states in court documents.
He says Gitiri has been drawing salaries and allowances from the exchequer by dint of holding the 8 public office jobs which is unfair and illegal yet PSC and Victim Protection agency have taken no step to right this wrong as a result of AG’s intimidation and connivance.
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