Mr Raila Odinga, Kalonzo Musyoka and Safaricom Limited have been listed as respondents in a petition lodged at the Kisii High Courts by a Thomson Osoro.
According to the petitioner, the three respondents engaged in a scheme that was properly orchestrated through collision, falsification and forgery for purposes of defrauding law abiding Kenyans. Further, that the three ,driven by selfish motives, used the plight of suffering teachers as justification to swindle money from unsuspecting members of the public.
Consequently, the petitioner is seeking orders from the High Court to compel the respondents to account for every shilling that was raised. Categorically, the petitioner also wants the court to compel Safaricom Limited to disclose to the public information about the total amount of funds contributed to M-Pesa Paybill number 672672.
The M-Pesa Paybill number had been launched in 2015 by the Coalition for Reforms and Democracy alias CORD in the wake of an industrial action by government employed teachers [which paralysed learning in public schools]. In a move that had been politically instigated, the two presidential hopefuls started a crowdfunding exercise for purposes of raising money to cater for monthly wages of the striking teachers.
“That on September 23, 2015 Mr Raila Odinga and Mr Kalonzo Musyoka who were then leaders of CORD launched a crowdfunding after the Teachers Service Commission suspended pay to striking teachers,” read a verifying affidavit.
Thomas Osoro acting through the Rigena Human Rights Watchdog Organization informed the court that the leader, in contravention of the constitution, had misled the public during a political rally at Uhuru Park in Nairobi.
Moreover, that the two leaders had lied by stating that both of them contributed Ksh 100,000 for the same cause.
Mr Osoro also reprimanded Safaricom Limited for failing to inform the public about the total money raised through the M-Pesa paybill number. The petitioner argues that Safaricom Limited ought to have protected her clients from offensive financial integrity that has been proscribed by the Leadership and Integrity Act of 2012.
Additionally, Mr Osoro avers that it was judicial notice that Kenyans indeed contributed money to the M-Pesa paybill.
According to the court documents, on behalf of the well wishing Kenyan citizens, Mr Osoro ponders if indeed teachers indeed benefited from the raised funds.
“Kalonzo and Raila indeed received the public contributions through the said salary kitty to pay the then striking teachers knowing they had no mandate to pay teachers which is the mandate of the Teachers Service Commission, however up to date they have failed to use the money for the intended purpose as promised to the members of the public,” Argues the petitioner.
Consequently, the petitioner also pleaded the court to compel anyone who might have withdrawn any deposited money from the Paybill Number to divert the funds into the Covid-19 kitty.
The case is scheduled for a mention on September 22, 2020 before Justice Anthony Ndung’u of the Kisii High Court.
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