• EACC wanted the matter transferred to the Anti-Corruption and Economic Crimes Division.
• The judge argued that transferring the case would mean delaying it further.
Image: FILE
The anti graft czar has lost the first round in a suit seeking to charge directors of a firm reportedly involved in a Sh109 million fraudulent land payout deal with the National Lands commission.
This is after a court sitting in Mombasa dismissed its application to have an anticipatory bail case by the directors of Tornado Carriers Limited, transferred and heard at the Anti-Corruption and Economic Crimes Division in Nairobi.
The two, Shakeel Ahmed Khan and Nazir Ahmed Matabkhan, had filed the suit through their lawyer Kinyua Kamundi, seeking to shield themselves from any arrests or prosecution, on grounds that the EACC had already exonerated them.
Justice Thande Mugure on Friday noted that the Chief Justice should establish registries throughout the country, to have anti-corruption cases handled anywhere.
He noted that it was costly to have litigants and their lawyers travel all the way to Nairobi, at their own cost, to have their cases heard.
The EACC had on April 24 filed the application for the matter to be transferred to the Anti-Corruption and Economic Crimes Division
“The CJ as head of judiciary has powers to establish sub-registries and divisions outside Nairobi. The failure to do so has in my view the net effect of stripping the High Court in stations outside Nairobi, of the jurisdiction conferred upon it by the constitution,” said Justice Thande.
The judge argued that transferring the case would mean delaying it further.
“Corruption and economic crimes have become rampant in this country, to the extent that there have been calls to declare corruption a national disaster. As long as sub registries are not established outside Nairobi, it will lead to increased costs of justice” he added.
The directors are to face charges of conspiring to commit an offence of corruption through fraudulent payment of Sh109, 769, 363, for purported compulsory acquisition of land from Tornado Carriers Limited for the Kenha, between January 11th and December 5th 2017.
They are also to be charged with the fraudulent acquisition of Sh55,269,363 belonging to Kenha from the account of NLC.
Several NLC senior officials and other individuals are already facing charges.
EACC had last week claimed in court that NLC forged and sneak in a document, in the name of the company, and involving the Kenya National Highways Authority and NLC, that would reportedly see them get Sh54.5million in kickbacks.
Joash Oindo, NLC’s deputy director of valuation and taxation, had filed a suit defending the Sh109million award issued to Tornado Carriers, as just.