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.
