ALPHONCE MUTINDA & COMPANY ADVOCATES Alphonce MutindaB.Com LLB (Hons) Dip KSL. CPS HEAD OFFICE. BRANCH OFFICE Queensway House Little Rock Building 4th Floor Kaunda Street Mavoko P.O.Box 73098- 00200 ATHI RIVER NAIROBI. Tel: 020- 2210412/ 0725-289828 email:alphoncem utinda@ gmail.co m _______________ _______ ________ ____________ ___ ____________ ___ _______________ ________ The Dean School of Law University of Nairobi NAIROBI Dear Sir/ Madam, RE:REQUEST FOR. INFORMATION PURSUANT TOARTICLE 35(1) OF THE CONSTITUTION OF THE REPUBLIC OF KENYA. We act for The National Rainbow Coalition (NARC) and Hon. Agnes Mutindi Ndetei & 2 others. The National Rainbow Coalition (NARC) is a duly registered political party in Kenya and a constituent. party of the Jubilee Coalition. with a constitutionall y recognized legal character. Recently, our clients and the Jubilee Coalition brought to the attention of the Independent Electoral and Boundaries Commission (IEBC) and the Nation as a. whole the fact that Ms.Diana. Kethi Kilonzo, an alumnus of the University of Nairobi, is. not a registered voter and her purported registration. documents were forgeries. The IEBC’s Dispute Resolution Tribunal upheld our complaint by finding that Ms.Kilonzo is indeed not a registered voter and her. registration documents were. either falsified or stolen. Consequently, the IEBC Dispute Resolution Tribunal. cancelled the clearance to vie given to Ms. Kilonzo with respect to the Makueni County Senatorial By- Election. Ms. Kilonzo and related parties have now proceeded to the High Court of Kenya seeking to quash the decisions of the IEBC Dispute Resolution Tribunal. NARC is one of the interested parties in Ms. Kilonzo’s court action. My Clients wish to invoke Article 35(1) (b) of the Constitution which states: 35. (1) Every citizen has the right of access to— (a) information held by the State; and (b) information held by another person and required for the exercise or protection of any right or fundamental freedom. The specific information we. require are copies of all. correspondences between the University of Nairobi and Ms. Diana Kethi Kilonzo regarding the recall of the Masters in Law Degree (LL.M. Law) which was irregularly. awarded to Ms.Kilonzo. We would also wish to be provided with copies of all decisions, findings, internal memos and any other documents regarding the recall of Ms.Kilonzo’s Masters Degree. My Client’s fundamental constitutional right to defend itself in Court proceedings instituted against it, as. well as its right to exercise its. political rights, freedom of assembly and other constitutional rights; as well as the same rights for its officials; are the rights and. fundamental freedoms. envisaged under Article 35(1)(b) of the Constitution. It is our contention, as well as a matter of Public Interest, that Ms. Kilonzo has a consistent trend of falsifying documents and obtaining documents, qualifications and/ or clearances though untoward means. Where a person holds information whose release and publication would benefit the Public; a Public Interest is created which trumps the privacy of the person or the confidentiality of the information. In the present situation, the Public Interest in obtaining and publishing the. information requested arises from the fact that Ms. Kilonzo is seeking elective State Office and as such the Public requires all information that touches on whether or not Ms. Kilonzo meets the constitutional threshold. We hope that the University of Nairobi will honour our Freedom of Information request, as well as the letter and spirit of the Constitution, and avail to us and the Public the information requested regarding Ms.Kilonzo. Yours Faithfully, ALPHONCE MUTINDA
Posted on: Sat, 13 Jul 2013 13:21:33 +0000
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