Harakhe and Noor get re­prieve in NYS case

Jus­tice George Odunga re­fused to han­dle the case, say­ing it had been filed in the wrong court

The Star (Kenya) - - Politics General - CAROLE MAINA @MainaCa­role

Former NYS deputy di­rec­tor gen­eral Adan Harakhe and former chair­man of the min­is­te­rial ten­der com­mit­tee Has­san Noor yes­ter­day got a tem­po­rary re­prieve stop­ping their pros­e­cu­tion over the NYS scan­dal.

Jus­tice Hed­wig Ong’udi of the newly es­tab­lished anti-cor­rup­tion and eco­nomic crimes di­vi­sion of the High Court barred the Di­rec­tor of Pub­lic Pros­e­cu­tions and the po­lice from ei­ther ar­rest­ing or pre­fer­ring crim­i­nal charges against the duo.

He said the or­ders will re­main in force un­til Tues­day No­vem­ber 27 when their ap­pli­ca­tion is heard with all par­ties rep­re­sented.

The duo, sched­uled to take plea, said their in­tended pros­e­cu­tion is ma­li­cious.

Their lawyer Roger Sa­gana said DPP Ke­ri­ako To­biko’s rec­om­men­da­tion to have them charged is in bad faith. “The de­ci­sion re­quir­ing them to take plea is with­out jus­ti­fi­able rea­son,” he said.

The Ethics and Anti-Cor­rup­tion Com­mis­sion had sum­moned them. On Wednes­day, Jus­tice George Odunga re­fused to han­dle the mat­ter say­ing it had been filed at the wrong court. “I will cer­tify this case as ur­gent, but I will not is­sue any or­ders,” he ruled.

To­biko said there is suf­fi­cient ev­i­dence to charge Harakhe with abuse of of­fice for is­su­ing a lo­cal pur­chase or­der and au­tho­ris­ing a pay­ment to a com­pany listed as Blue Star En­ter­prises.

/ FILE

Former NYS deputy di­rec­tor gen­eral Adan Harakhe, Former NYS di­rec­tor gen­eral Nel­son Githinji and Na­tional Youth Ser­vice sec­tor com­man­der Christoper Mulei in Mom­basa on Sep­tem­ber 1, 2015

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