AUC: Kenyan applicant claims State trashed his bid in favour of Raila

One time United Democratic Alliance (UDA) party presidential ticket hopeful Japheny Orina wants Prime Cabinet Secretary Musalia Mudavadi to resign from office.

Mr Orina accuses Mr Mudavadi of alleged open state-sanctioned contempt for his application to join the race for the African Union Commission (AUC) chair. 

Mr Orina had made his application alongside Azimio leader Raila Odinga for the seat.

In a press conference however, Mr Mudavadi termed the application a sideshow.

On Monday, however Mr Orina said he has since instructed his lawyer Enock Ong’iti to demand an apology from Mr Mudavadi.

He also sought his resignation from office for ‘overstepping’ his mandate.

“In a joint press conference alongside the said Raila Odinga, you dismissed other candidates as engaging in “sideshows” and asserted that the government reserves the right to nominate a candidate. Your response is not only dismissive, unsignifying to other Kenyans, but also violates several key constitutional principles,” reads part of the demand letter.

The letter was received by Mr Mudavadi’s office on August 23, 2024.

Mr Orina asserts that the government’s dalliance with the opposition leader should not be a reason to deter other qualified Kenyans from being nominated by the government to the highly coveted continental seat.

“… despite your political dalliance with Mr Odinga, your position is a public office funded by taxpayers and therefore, you have a higher calling to serve all Kenyans regardless of their ideas, social and political standing, tribe, political affiliations as commanded by Articles 10 and 27 of the Constitution of Kenya,” the letter continues to read.

Mr Orina, who is an advocate of the High Court of Kenya, said that by the CS referring to him as a ‘sideshow’, he has been pained and embarrassed, his only sin having been to stretch his aspirations within the Kenyan Constitution provides.

As such, his right to dignity and equality was ignored contrary to the Constitution of Kenya, contrary to Article 3 of the Constitution that obligates Mr Mudavadi to respect, uphold, and defend the Constitution.

“By not informing the nation that other Kenyans were interested in the AUC chairperson’s position, you violated the Constitution and our client’s constitutional right,” it reads.

Mr Orina submits that the government’s resolve to front Mr Odinga without first subjecting him to internal competition was lacking in reason and are procedurally unfair.

The letter further advances that the CS's remarks have deroded public trust in him, hence he should resign from office.

"The AUC chairperson position should be open to all qualified Kenyans, and not merely reserved for the political class, asserts the letter. Your remarks suggest a bias that is unacceptable and undermines the democratic rights of Kenyan citizens to participate in such important processes... the rights of our client are not a matter of your grace or concession, but inherent rights that are constitutionally guaranteed,” the letter reads.

Mr Mudavadi has been given 48 hours from the time of receipt of the letter to retract his remarks and issue an unreserved apology to Mr Orina lest a law suit unfolds against him.

Also, Mr Orina demands, from the CS, a comprehensive statement on why he was not considered for the AUC chairperson position.

Mr Orina is an advocate of the High Court of Kenya, a PhD student at Suffolk University, School of Law, specialising in Artificial Intelligence in International Smart Contracts.

He holds two master’s degrees, one in Business Administration and another in International Business Law.

He is a holder of a Bachelor’s of Laws from the University of Nairobi (UoN) and another Bachelor's in Education from Kisii University.

Mr Orina, known to his peers as Jeph Mula, is a former Speaker of the Students Union of Kisii University and currently works as a Summer Associate at the Law Office of Christopher Q. Davis in the New York.

He is a Managing Partner at Orina & Orina Advocates L.L.P in Nairobi, Kisii, and Massachusetts.