RE: VIOLATION OF ARTICLE 10,25,31,35,40,50(1),232(1)(G), AND 234(2) OF THE CONSTITUTION OF KENYA, 2010 AND SECTION 10 OF PUBLIC SERVICE(VALUES AND PRINCIPLES) ACT NO.1 A OF 2015 IN AND RELATION TO THE APPOINTMENT OF COLONEL ALICE MATE AS AGENCY DIRECTOR, ASSETS RECOVERY AGENCY.
OUR CLIENT STEPHEN VICKER MANGIRA ID NO>20129581.
The source of this story is from Steve Vicker Mangira written by his lawyer Kinyua
Steve Vicker Mangira previous photo taken at Shanzu court
Mr. Stephen Vicker manager, the above-mentioned client is a Kenyan citizen by birth.
He has elected to exercise his civic mandate under articles 3 and 10 of the constitution of Kenya, 2010, and to access information held by you which he requires to exercise and protect his fundamental rights and freedoms under articles 25©,31,35, 40,48, and 50(1). this letter is also addressed to you under provisions of article 47(2) of the constitution of Kenya,2010 as regards fair administrative actions
Our clients fundamental right to property was violated by one Muthoni Kimani, former agency director of assets recovery agency, and being violated by colonel Alice mate who purports to have been appointed to hold the office of the agency director, assets recovery agency,
We have not seen any gazetted notice containing the appointment. If her appointment was gazetted please provide a copy of the gazette notice or the gazetted notice number and date.
Please let us also have a copy of her letter of appointment assuming the appointment was written.
Colonel Alice's mate has failed or refused to provide information as to how she became the agency director.
As you are the appointing authority under section53(2) of the proceeds of crime and anti-money laundering act (POCAMLA) you have the duty to provide the information our client requires.
1. Did you advertise any vacancy in that office Agency Director, assets recovery Agency? If so, please provide copies of the advertisement or any notice to the general public.
2. If you advertised any vacancy in that office please provide a list of all applicants shortlisted for the interview for the position.
3. If any interviews were held please provide the names of those conducting the interview, the date the interview was conducted, and the scores attained by colonel Alice.
4. under section 53(3) (b) of POCAMLA any person the attorney-general may appoint as agency director should have experience in any relevant field five of which shall be at senior management level. Please provide documents of evidence to verify that colonel Alice mate met the qualification.
5. Other than her position in the military, what other qualifications did colonel Alice mate hold that you may have considered under section 53(3)(c) of POCAMLA?
6. UNDER ARTICLE 156(4) of the constitution of Kenya, 2010 you are the principal legal advisor to the government, and you are required to represent the national I court or in any other legal proceedings to which the national government is a party other than criminal proceedings.
You may delegate the power to subordinate officers acting by general and special instructions. Did you delegate any of your power under article 156(4) to colonel Alice mate or Gitiri Jeniffer or to any staff of asset recovery agency authorizing them to file any proceedings against Stephen Vicker Mangira? If you did, did you publish any appropriate notice in the Kenya gazette within the meaning of section 38(1) of the interpretation and general provision act? If so, please provide a copy of the gazette notice or gazette notice number and date.
7. under section 10 of the public service( values and principle) act no. 1A of 2015 you were under a duty to ensure that public officers are Jn appointed and promoted based on competition and merit. Please provide a list of persons that colonel Alice mate competed with for that position and the merit of each of those persons.
8. Have you developed a system under section 10(3) for the provision of relevant information that promotes fairness and merit in appointment and promotion?
Please provide the policy document to enable our client to verify whether you followed that system in the appointment of colonel Alice mate as agency director.
9. Under section 51 of the interpretation of general provision act were under a written law power is conferred upon a person to make an appointment, the unless a contrary intention appears, the person having that power, shall also have that power to remove, suspend, dismiss or revoke the appointment.
If you did not follow the due process under article 232(1)(g) and 234(2) of the constitution and section 10 of public service(vale and principle) act in the appointment of colonel mate our instructions are to demand that you forthwith revoke the appointment and remove, dismiss or suspend her from office or let us have a written explanation under the article 47(2) of the constitution why you cannot do so.
10. The demand that you forthwith revoke the appointment of colonel Alice mate ids was partly made because of abuse of power she does not have.
Asset recovery agency which she no capacity to seek any preservation of forfeiture orders obtained a preservation order in Mombasa High Court miscellinious civil miscellaneous. 195 of 2017 which required our client to surrender logbooks of his vehicles to an asset recovery agency.
The order did not require the asset recovery agency to physically seize those vehicles. the power to seize any assets if exercised by police officers under appropriate orders and not by assets recovery agency.
Colonel Alice's mate refuses to return the vehicles despite demand having being made. the illegal seizure and refusal to return the vehicle to our client has exposed the agency to a claim of more than Kshs. 150.000.000.00.
We wrote to the asset recovery agency, to DCI ad to the DPP on 6th July 2021 in this regard but we have no response. we did explain the illegalities asset recovery agency is involved in. we had also written the asset recovery agency Director of criminal investigations on 17th May 2021 but we have had no response. Both letters are attached for your ready reference.
11. Asset recovery agency which has no statutory authority to file any application forfeiture orders is prosecuting Mombasa High Court Miscellaneous application no. 269 of 2017.
The person at the helm of asset recovery is colonel Alice mate. Without personalizing issues, we do think that property
The person at the helm of asset recovery is colonel Alice mate. Without personalizing issues, we do think that a property-appointed agency director would permit the agency to use the power of the agency director of would pervert the cause of justice by seizing a physical motor vehicle when the court order related to surrender of the logbook.
12. As the principal adviser of the national government could you order, direct and advise the asset recovery agency for forthwith release our client's moto vehicle and advise colonel Alice mate and all staff members of the asset recovery agency that any person refusing with that vehicle will be personally liable to our client under the provisions of section 9(1) of the public service(value and principles) act.
Wrote a demand letter to your Mombasa offices on 6th July 2121 but we have no response.
13. The information sought will be relied upon in proceeding to compel the respect, upholding and defending the constitution, compliance with the national values and principles of governance in article 10, and to facilitate the rights to a fair trial under article 25 (c) and fair hearing under Article 50(1) as proceedings against our client are being driven by an agency held by the imposter. Ur client`s vehicles and money were seized in violation of article 31(b) of the constitution.
The information sought will assist in proceeding against the person and persons who violated that right. You have a duty under Article 35(1) of the constitution to release the information that our client seeks. The information is also necessary for the protection of the right to property under article 40.
In the absence of that information access to justice under article 48 will not be attained nor will our client exerci9se his right to a fair hearing under Article 50(1).
14 there are no secrecy obligations in the manner in which the agency director of asset recovery agency s appointed. Colonel Alice mate will not suffer any prejudice if you disclose the information our client seeks. If you have valid reasons for noncompliance please state them in writing.
15. There should be no secrecy involved in the delegation of any of your power under article 156(7) of the constitution. No prejudice will be suffered by any staff of the agency if you provide to ur client a copy of the general or special instruction to a member of the asset recovery agency to exercise your power under article 156(4).
About theat, you revoke the appoint that of colonel Alice mate we refer you to the judgment of the High Court of Kenya in the following cases:-
(a) Judgement by honorable Mr. justice A. Mrima in the petition No. 33 of 2018 consolidated with the petition N.42 of 2018( okiya Umtata okoiti and Kenya Human Rights Commission –vs- The Public Service Commission, ttoney – Genera & the Pub;lic Service Commission 129 others);
(b) The 5 judge bench in the petition No.236of 2018(Katiba Institute& Africa center of open governance –vs- The attorney general &72 others).
(c) Another 5 judge bench judgment in the petition No. 331 of 2016( Katiba Institute & AFRCA center for open Governance –vs- the Attorney General and The Public service commission)
As you can see you participated in those cases and while the appointments that were in issues in those petitions were made by his Excellence the President the appointment of colonel Alice mate was made by yourself and you appear to have made that that appointment while those Petitions were ongoing or after they had been determined.
Lastly, please comply with this demand within the next 14 days.
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