NAIROBI, Kenya, Nov 17 – Former National Youth Service AIE (Authority to Incur Expenditure) holder Adan Harakhe and former Chair of the Ministry of Devolution and Planning Tender Committee Hassan Noor on Thursday secured orders barring their arrest and prosecution pending hearing of their plaint before the High Court.
Justice Hedwig Ong’udi of the newly established Anti-Corruption and Economic Crimes division of the High Court granted the temporary relief pending an inter-partes hearing of their application on November 27.
Harakhe and Noor sought the relief orders on being summoned by the Ethics and Anti-Corruption Commission who on the recommendation of the Director of Public Prosecutions Keriako Tobiko invited them to record statements on the dubious award of a tender for NYS training material under their watch.
Harakhe and Noor however contend that the abuse of office charges the authorities intend to prefer against them are not based on an impartial appraisal of facts but are the result of pressure “from higher up.”
“The decision requiring them to take plea is without justifiable reason and has been made in bad faith,” their lawyer Roger Sagana argued before the court.
Harakhe has been at the centre of investigations into the loss of Sh791 million from the NYS Integrated Financial Management Information System (IFMIS) given it was his password – which he claims was stolen – that was used.
Members of the National Assembly’s Public Accounts Committee which is looking into the theft, has accused former Devolution Cabinet Secretary Anne Waiguru of shielding him from investigation.
A charge shared by Tobiko who was on Thursday castigated on the cover of a local daily for listing Harakhe as a witness and not a suspect in the Sh791 court case.