A court gavel
The Speaker of the National Assembly, Moses Wetangula, has sought to be removed from a case challenging the procurement of 25 traffic cameras valued at Sh6.1 billion.
Through Advocate Ruth Nyaberi, the Speaker says the petitioners, including the Law Society of Kenya (LSK), have wrongfully included him in the proceedings.
"Petitioners have not established any legal or factual claim against the speaker to warrant his involvement in the matter," Nyaberi said in her court papers.
She further asserts that the speaker's participation in the proceedings is neither necessary nor legally justified.
"LSK has not stated any specific action or omission, obligation, or wrongdoing attributable to the Speaker," she adds.
Justice Chacha Mwita directed the papers be served on the rest of the parties before March 18, when the court will issue further directions.
The LSK in February this year moved to court to challenge the procurement, citing lack of public participation. The society claims the procurement was undertaken without due diligence, public participation, and a transparent process.
It has sued CS Transport, Speaker of the National Assembly, Secretary to the Cabinet, Prime Cabinet Secretary, Inspector-General of Police, and the Attorney General (respondents).
It argues that they sought for evidence of public participation, such as media advertisements, written memoranda, and attendance registers of minutes of public hearings from the respondents, but none was allegedly availed. This, they say, is against the principles of good governance and accountability as required by the constitution.
According to the court documents, the Ministry of Transport approved and implemented the project for the procurement of 25 traffic cameras and related systems at a cost of Sh6.1 billion in a bid to allegedly address traffic congestion in Nairobi.
Its implementation, the LSK says, will impose a significant financial burden on taxpayers, potentially diverting funds from critical sectors such as education and healthcare.
"The ongoing implementation of the project imposes an immediate and unjustified financial burden on taxpayers and risks the misuse of public resources in contravention of the public finance management act,” it says.
LSK claims they have made multiple appeals to the state for disclosure of procurement details and justification for the project, but the same has been allegedly ignored.
In urging the court to intervene and suspend its implementation, LSK also seeks to have the respondents compelled to furnish them with full details of the government process, including feasibility studies, cost breakdowns, and public participation reports.
