Harakhe, Noor suf­fer set­back as bid to halt trial dis­missed

The Star (Kenya) - - Politics Judiciary -

Former NYS deputy di­rec­tor gen­eral Adan Harakhe suf­fered a set­back yes­ter­day af­ter the High Court dis­missed his plea to have his pros­e­cu­tion stopped.

The Di­rec­tor of Pub­lic Pros­e­cu­tions can now go ahead to charge him with the al­leged loss of Sh47 mil­lion. Jus­tice Hed­wig Ong’undi said Harakhe had failed to show how his rights had been vi­o­lated. “I’m not sat­is­fied the ap­pli­cant has demon­strated sound grounds that can make this court is­sue the or­ders sought. I, there­fore, dis­miss the suit,” he said.

Her rul­ing au­to­mat­i­cally re­versed the tem­po­rary or­ders Harakhe had ob­tained on Novem­ber 17 against the DPP. The pros­e­cu­tion con­cerns the pro­cure­ment ir­reg­u­lar­i­ties in the award of a ten­der for the sup­ply of train­ing ma­te­ri­als to the NYS. Jus­tice Ong’udi said the DPP has pow­ers to in­sti­tute crim­i­nal charges against sus­pects. She said it was not in dis­pute Harakhe was the ac­count­ing of­fi­cer and was the AIE Holder.

Sim­i­larly, former chair­man of the Min­is­te­rial Ten­der Com­mit­tee Has­san Noor lost his bid to block his pros­e­cu­tion be­fore jus­tice Ly­dia Achode. The DPP says there is suf­fi­cient ev­i­dence to charge the two with abuse of of­fice.

/HEZRON NJOROGE

Former NYS deputy di­rec­tor gen­eral Adan Harakhe at Par­lia­ment Build­ings dur­ing the grilling by the Fi­nance Com­mit­tee on July 7 last year over al­leged graft at the NYS

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