Former Tourism Cabinet Secretary Najib Balala and 16 other persons implicated in a Sh8.5 billion corruption scandal at the ministry were acquitted by a Malindi court.
The decision follows a request by the Office of the Director of Public Prosecutions (ODPP) to withdraw the case.
In a letter dated July 31, 2024, the ODPP directed the discontinuation of the proceedings, citing incomplete investigations and lack of full disclosure.
The ODPP also argued that the timeframe required to finalize the investigations was uncertain.
Despite the Ethics and Anti-Corruption Commission (EACC) urging the court to reject the ODPP’s application on grounds that the matter is of public interest and that the request constitutes an abuse of the court process, Malindi Chief Magistrate James Mwaniki approved the case’s withdrawal.
He further ordered that the accused persons be discharged under Section 87(a) of the Criminal Procedure Code.
“Any cash bail deposited in court shall be released to the depositors, and any security documents deposited in court shall be returned to the sureties, who are also relieved of their obligations,” ordered the Magistrate.
Mwaniki also maintained that the withdrawal of the charges, as sought by the ODPP, does not amount to abuse of court processes.
He however noted that while the withdrawal of the charges results in a discharge, any decision by the ODPP to initiate subsequent proceedings against the accused or any of them based on the same facts could be viewed as an abuse of court process.
Balala was first arrested on December 22, 2023 alongside Leah Gwiyo (Former Principal Secretary, Tourism), Joseph Odero (Managing Partner, West Consult Engineers) and Flora Ngina (Former ICT Manager, Tourism Fund).
The suspects were apprehended over procurement fraud and irregular payment of Ksh.8.5 billion in the construction of the proposed Ronald Ngala Utalii College in Vipingo.
A week later, the EACC apprehended ten of the remaining suspects linked to the scandal.
The 10 included; Allan Chenane, Joseph Rotich Cherutoi, Norah Mukuna, Eden Odhiambo, Ruth Sande, George Muya Njoroge, Morris Gitonga Njue, Dominic Motanya, Rebman Malala and James Mwangi Wairagu.
The court also issued summons for Nancy Siboe and Joseph Karanja Ndung’u who did not appear in court then.
The commission plans to appeal the ruling.
This is the latest such high profile case to be withdrawn by the prosecution.
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