Mandera governor Ali Ibrahim Roba and three other county officials have been granted two weeks to respond to an application by a resident seeking to private prosecute him over alleged Sh 56 million misuse.
Simba Hasheem has moved to Anti-Corruption court seeking orders compelling the Director of Public Prosecutions to commence investigations and prefer criminal charges against Roba, Ibrahim Hassan, Alinoor Mohamed Ali and Okash Abdullahi Adan. Mandera County officials, including the governor and a 30 days’ notice intention to move court for private prosecution
“I have written to the Director of Public Prosecutions (DPP) which correspondence was a reminder to previous communication and a 30 days’ notice of intention to move court for private prosecution,” said Simba.
The applicant said the DPP has not commenced or taken up the matter at all, nor has he made communication of any progress if at all hence the relicense on the part of the office of the DPP is unreasonable and culpable.
“The Auditor General Report for the year 2013 -2014 was published online for public review and analysis,” says Hasheen.
He says the DPP has failed to respond to the allegations and the applicant sent a notice dated December 6, 2018 for intended private prosecution proceeding through the counsel.
The complainant had appeared before Anti-Corruption Chief Magistrate Douglas Ogoti on January 14, 2019 and was directed to serve the respondents with the court papers ahead of the hearing.
Mr Hasheem said his complaints stemmed from the Auditor-General’s report for the 2013-14 financial year, which he said contained “grave breaches of law” by various county offices.
“This court has jurisdiction to hear and determine this matter for the administration of justice and in order to avoid interference, intimidation of the hindrance by the respondents,” reads part of the application by lawyer Mutuma Meja.
Among the issues Mr Hasheem will raise is the alleged procurement of armored vehicles at a cost of Sh16 million, which he alleges was done procedurally, and the provision of ambulance services to Kenya Red Cross Society at a cost of Sh40 million.
