A section of Lawyers on Monday dismissed a request by former Cabinet Secretary Anne Waiguru to the President to form a commission of inquiry on Josephine Kabura's affidavit concerning the Sh791 Million National Youth Service scandal.
Former Chief Executive Officer of the Law Society of Kenya (LSK), Apollo Mboya explained that it was impractical for a commission of inquiry to be formed to investigate allegations made by one person in an affidavit.
“You cannot form a commission of inquiry on an affidavit. A commission of inquiry is formed where there is an issue of national importance” he said.
Mboya also raised concerns over the amount of money that would be used if Waiguru's request was to be granted.
“The cost of such an inquiry might even outstrip the amount of money that might have been lost. Such an inquiry is an expensive exercise and should be formed sparingly, where a question of national importance has arisen.”
Senior Counsel Paul Muite also opposed the request expressing that commissions of inquiry were often used by those in power for cover-ups.
“The trouble with commissions of inquiry in many countries, Kenya included, is lack of credibility and low public confidence in their reports.” Muite said.
The damning affidavit sworn by businesswoman and suspect in the NYS scam Josephine Kabura, implicates Waiguru as the mastermind of corruption at the Ministry of Devolution despite having being cleared by the Ethics and Anti-Corruption Commission( EACC)
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