The applicant said the DPP has not commenced or taken up the matter at all or made communication of any progress and the inaction is unreasonable/FILE
MANDERA, Kenya, Feb 6 – Mandera Governor Ali Ibrahim Roba has been granted two weeks to respond to an application by a resident seeking to privately prosecute him over alleged misuse of Sh56 million county funds.
Simba Hasheem has filed an application before the Anti-Corruption Court seeking to have criminal charges preferred against Roba and three other county officials, Ibrahim Hassan, Alinoor Mohamed Ali and Okash Abdullahi Adan.
“I wrote to the Director of Public Prosecutions (DPP) which correspondence was a reminder to previous communication and a 30-day notice of intention to commence private prosecution,” said Hasheem.
The applicant said the DPP has not commenced or taken up the matter at all or made communication of any progress and the inaction is unreasonable.
He says the DPP has failed to respond to the allegations and the applicant sent a notice dated December 6, 2018 over intended private prosecution.
The complainant had appeared before Anti-Corruption Chief Magistrate Douglas Ogoti on January 14, 2019 and was directed to serve the respondents with the court papers before the hearing commences.
Hasheem said his complaint stemmed from the Auditor-General’s report for the 2013-14 financial year, which he said contained “grave breaches of law” by various county officials.
“This court has jurisdiction to hear and determine this matter for the administration of justice and in order to avoid interference, intimidation and hindrance by the respondents,” reads part of the application by lawyer Mutuma Meja.
Among the issues Hasheem will raise is the alleged procurement of armoured vehicles at a cost of Sh16 million, which he alleges was done unprocedurally and the provision of ambulance services to Kenya Red Cross Society at a cost of Sh40 million.
Its noted that on May 23, 2016, the County Secretary Okash Adan wrote a letter to the County Chief Officer, Finance and Economic Planning requesting for direct purchasing of armoured vehicles.
He claims that June 2016, the County Government received an invoice from Milestone Cars Limited (Dubai), saying that a total of Sh16,935,000 was wired to the seller which he argues was unprocedural, unlawful and breached the procurement process.
Hasheem says that the firm which provided the ambulances was not pre-qualified and the ambulance services were not obtained through competitive bidding process either.
“The county did not get value its money from the transaction either,” said Hasheem.
He added that the contracts were also not advertised as required by procurement regulations.
The governor’s lawyer Issa Mansur at the hearing of the application February 22 will oppose the notice of motion as filed by the applicant.
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