Rédaction Africa Links 24 with Daily Nation
Published on 2024-02-13 11:51:38
Former Mandera South MP Adan Haji Ali has been accused of fraudulently acquiring tenders worth Sh51.4 million, contrary to the Anti-corruption and Economic Crimes Act. Appearing before Mombasa Chief Magistrate Alex Ithuku, Ali denied the charge and was released on a Sh2 million bond with a surety of a similar amount or an alternative of Sh500,000 cash bail.
The court heard that Ali, being an Executive Committee Member of Kwale County directly acquired a private interest amounting to Sh51.4 million. It is alleged that the private interest was acquired in the tenders for pre-qualification for the provision of accommodation and conference services. Lofta Resort Limited, where Ali was a director, was pre-qualified and awarded contracts. The offence is alleged to have been committed between May 10, 2013 and May 10, 2017 within Kwale County while Ali was an employee of the devolved unit.
Before being arraigned, Ali was issued a summons to appear in court and plead to the charge. Senior Assistant Director of Public Prosecutions Peter Kiprop did not oppose the release of the accused on bond following an application made by defense lawyers. Mr. Kiprop, however, requested the accused to cooperate with investigators for fingerprinting and recording of any statements that may be needed.
Defense lawyers Vincent Mogaka and Titus Kirui did not object to the accused being processed or recording any statements. They also raised concerns about the Ethics and Anti-Corruption Commission (EACC), accusing the agency of publishing malicious statements on its website regarding the accused’s court appearances. They applied to have orders issued restraining EACC from publishing such allegations on its website. The prosecution argued that the allegations were made by a different and independent entity.
The prosecution urged the court not to issue any orders but an advisory that the communication office of the EACC does not publish negative information. The magistrate noted that the case was now before the court and any views or comments ought to come from the DPP. The case has been fixed for mention on April 27, 2024.
This case highlights the ongoing efforts to combat corruption and enforce accountability within the public sector. It also underscores the need for transparency and integrity in the allocation of government tenders. The prosecution’s commitment to providing the defense with all necessary documentary evidence demonstrates the importance of a fair and thorough legal process.
The accused’s appearance in court and release on bond reflect the judicial system’s adherence to due process. Additionally, the defense’s efforts to address concerns about potentially damaging information being published by an external entity illustrate the complexities and nuances of handling high-profile corruption cases.
As the legal proceedings continue, it is imperative for all parties involved to uphold the principles of justice and fairness. The ultimate goal is to ensure that the truth is sought, accountability is upheld, and appropriate actions are taken based on the evidence presented in court. This case serves as a reminder of the ongoing battle against corruption and the need for vigilance in promoting ethical conduct within government institutions.
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