http://nipate.com/kethi-...ws-from-uon-t29686.html
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:
alphoncemutinda@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 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 Client; 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
The way I am