Katiba Institute wants DPP to prosecute Secretary to President’s Delivery Unit for refusing to divulge information on government adverts.
The Institute had made a Freedom of Information request directed at Andrew Wakahiu on August 17, 2017.
That request was seeking information on advertisements carried concerning the achievements made by the Jubilee Government under the hashtag #GOKDelivers and #Jubileedelivers.
The information sought was for the period commencing May 28, 2017, and ending August 17, 2017.
In a letter to the DPP on Thursday, executive Director Waikwa Wanyoike asked that Wakahiu be convicted with immediate effect.
“Invoke your powers and initiate proceedings against Wakahiu on the basis that there is credible evidence that he has committed offences,” he said.
“The available evidence establishes that there is a reasonable prospect of his conviction. Please provide us with your decision within 14 days of receipt of this letter.”
Wanyoike said Wakahiu and PDU refused to provide the information sought or acknowledge the request necessitating Katiba to file a Petition at the High Court.
“…even after the suit compelling production was filed, Wakahiu and the unit refused to provide the information,” he said.
The High Court heard the Petition on November 8, 2017 and ordered the Respondents to disclose the information. Katiba served the court order on the PDU and Wakahiu on December 7, 2017.
Despite the Orders of the Court, both PDU and Wakahiu did not provide the information ordered by the Court
Katiba has instituted contempt proceedings at the High Court against Wakahiu.
The respondents filed a Notice of Appeal on November 10, 2017.
But no appeal or any other process in regard to the High Court judgment has been filed with the Court of Appeal.
“Wakahiu has blocked the information that he and the PDU were ordered by the High Court to disclose to Katiba making it impossible for the PDU or any of its officers to disclose the information ordered by the Court,” Wanyoike said.
“We especially note that Wakahiu’s attitude of, initially failing to acknowledge or respond to the information sought, but worse to comply with Court orders on disclosure is clear evidence of a person who has the arrogant belief that he is not subject to the law and that he is not accountable to the people of Kenya under whose discretion he occupies the office.”
Wanyoike said Wakahiu is not only culpable for failure to follow the law but the ‘contemptuous’ manner in which he has treated Katiba’s request.
“It is our view that it is only through a thorough prosecution that Wakahiu would appreciate that the constitution expects him to govern himself accordingly,’ he said.
“Please note that if your office fails to initiate prosecution or to provide us with its decision within the appointed time, Katiba shall exercise its right under the Constitution and Section 28 of the ODPP Act to initiate a private prosecution against Wakahiu.”