A judge has recused himself from hearing an appeal against 11 Turkana government officials accused of irregular awarding of road contracts.
Justice Milton Makhandia on Wednesday said he would not hear an appeal filed by the EACC because he knew Governor Josphat Nanok as a friend and the application involved members of his government.
“I will not be able to hear the case because I know the governor and all the nine members are his employees. Let the appeal be heard by another judge,” Makhandia said.
In 2017, the High Court in Eldoret barred the EACC and DPP from proceeding with investigations against Roads executive Tioko Logiron and 10 Tender Committee members.
The court ruled it was an abuse of the legal process and discretion of the EACC to have forwarded their recommendations to the DPP to press criminal charges.
The EACC appealed the decision.
Lawyer Philip Nyachoti for the officials argued that the recommendations by the DPP dated January 15, 2016, accusing the officials with abuse of office, failure to comply with procurement regulations and unlawful acquisition of public property, were baseless and malicious.
He said the grievances of the EACC and the DPP's decision were unjustifiable and were meant to intimidate, embarrass and prejudice the officials.
“My clients have clearly set out their case in the pleadings and produced all relevant documents in the affidavits of Nancy Tatoi in support of the case, which were convincing enough and overwhelming for the granting of the prayers on March 29, 2017, by the High Court,” Nyachoti said.
He argued that the EACC had conducted independent investigations and publicly acknowledged that it is only in Turkana and Tana River counties where bribes are not demanded or solicited for before services are rendered.
The lawyer said the action taken against the county officials amounted to intimidation and harassment.
The matter was adjourned to July 30.
(Edited by Otieno Owino)
