Rédaction Africa Links 24 with Daily Nation
Published on 2024-02-12 11:59:09
A Malindi court has rejected an application by the Director of Public Prosecutions (DPP) to have former Tourism Cabinet Secretary (CS) Najib Balala and his co-accused print hard copies of documentary evidence in a corruption case facing them. The DPP’s request was turned down despite the Ethics and Anti-Corruption Commission (EACC) informing the court that the estimated cost of making hard copies for the accused amounted to Sh1 million, which was not budgeted for.
A total of 17 individuals, including Mr. Balala, have been charged with corruption-related offenses over the construction of the proposed Ronald Ngala Utalii College in Kilifi County. This case involves the alleged misuse of public funds and abuse of office in a consultancy deal for the construction of the college.
The Malindi Chief Magistrate, James Mwaniki, upheld orders issued on January 11, which required the prosecution to supply soft copies of documentary evidence within seven days and hard copies within a month. This decision was made despite the DPP’s argument that the EACC had stated the cost and time constraints of supplying the hard copies.
The defense lawyers vehemently opposed the DPP’s application, arguing that the prosecution was aware of their capacity to supply copies of the documentary evidence and had not indicated any difficulties. The defense maintained that the responsibility to supply the documents lay with the State and that it was not the court’s duty to solve budgetary issues for the prosecution.
Former CS Balala and former Permanent Secretary Leah Gwiyo are facing charges of abuse of office in relation to a decision to engage private consultants against a Cabinet decision, resulting in irregular payments for consultancy services for the construction of the college. Both have denied the charges and were released on bond pending trial.
The accused are alleged to have improperly conferred benefits and unlawfully acquired public funds through the consultancy deal. The case has been fixed for mention on March 26.
Overall, the court’s decision to reject the DPP’s application demonstrates the importance of compliance with court orders and the responsibility of the State to fulfill its obligations in the judicial process. The trial will continue as scheduled, and the accused are entitled to access the documentary evidence necessary for their defense.
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