Kenya’s ambassador to the United Nations Habitat, Prof Sam Ongeri who has sued National Land Commission and Commission on Administration of Justice.
BY SAM ALFAN.
Newly appointed ambassador to the UN Habitat Sam Ongeri has sued National Land Commission and Commission on Administration of Justice.
Former Foreign Affairs minister through his lawyer Kalii Paul David says the appointment of Onegri as Kenyan Ambassador to UN Habitat is likely to be jeopardized and subject to revocation on the basis of adverse findings of the Commission on Administrative Justice-Ombudsman report issued in October on the alleged abuse of public office in acquisition of Land in Kisii Municipality.
The Kenya’s ambassador to the United Nations Habitat, Prof Sam Ongeri,was accused of grabbing sections of Kisii market plots in an ombudsman report released in October this year entitled “A market under siege:
An investigations report alleged irregular and illegal acquisition of Kisii municipal market land by private developer.
The ombudsman said Prof Ongeri and the others named in the report did not respond to requests from the commission to clear their names.
But the former minister refuted the claim and said“No one from the Commission has contacted me about this. They know where I stay in Kisii and in Nairobi. In fact, the letter they say they sent to me about this matter was sent to an address of the University I used to teach. I expected more professionalism from the ombudsman.”
Prof Ongeri in his document filed in court also want the court to prohibit the National Land Commission and Commission on administration of Justice and NLC from dealing in any manner or any administrative action in plots number 111/258 Kisii Municipal block pending hearing and determination of the matter before the court.
“The said report by the Ombudsman was published in defiance. The said report was accompanied by a press statement that was gravely misled as regards a case in Kisii”. Said Ongeri in his affidavit.
I was not given any written reasons for the administrative action of publishing the adverse report nor indeed was I served with the report itself before and after publication as required under article 47 (2) of the constitution. I only got wind of the report through the media much to my shock and embarrassment.
My appointment as Ambassador of Kenya to UN Settlements programmed stands to be challenged in court and jeopardized by the adverse findings in the aforementioned report which was compelled and published unlawfully and without due process of law. The adverse findings on my alleged abuse of office captured in the Ombudsman report are likely to impair any future appointment to public office bestowed upon me.
The recommendation of Ombudsman report to the NLC to investigate and repossess the land in Kisii which is the subject of court proceedings in a Kisii court which is yet to be determined is a threatened invasion of his right to access to justice and equal protection before the law.
“As a matter of fact, the executive branch has previously given extra judicial order and taken unfair administrative action against me in relation to the land known as Kisii Municipal block by revoking my title and registration when the same issue is still pending in a Kisii court,”said former minister.
Ongeri says he is apprehensive that the NLC may in similar vein as the Ombudsman and Kisii land registrar take unfair administrative action against him and his proprietary interest while the application for judicial review is pending.
The report he says made adverse findings against him to the effect that he has abused his power in public officer to obtain the land in kisii.
Says he abused his power as a Minister of local government in 1982 to acquire the land are unholy unreasonable since Ongeri only became the said minister 16 years later in 1998.
“In 1982, I was in class teaching. It was not until 1988, when I was appointed Minister of Training and Applied Technology, that I took public office. This is pure politics at play.”said Ongeri.