'NECESSARY ACTION'

DPP hints at arrest of Ruaraka land suspects

Court ruled ministry was misadvised to compensate businessman for state's own land

In Summary

• Audit unearthed irregularities in wiring of Sh1.5 billion to businessman for the acquisition of public land.

• DPP Haji says he will ensure governors charged with graft step aside. 

Businessman Francis Mburu when he appeared before MPs to answer queries over the Sh3 billion Ruaraka land on April 26 last year.
ON THE SPOT: Businessman Francis Mburu when he appeared before MPs to answer queries over the Sh3 billion Ruaraka land on April 26 last year.
Image: JACK OWUOR

Director of Public Prosecutions Noordin Haji on Thursday hinted AT the arrest of high-profile government officials in connection with Ruaraka land purchase.

Speaking at his office, Haji said now that the court has ruled on the ownership, he will now proceed to "take the necessary action”. 

“It is only a matter of days before you see the next action,” he said. 

The Senate Public Accounts Committee, The Nairobi county government, the Ministry of Lands and the Auditor General all affirmed that the acquisition of the 13.7 acres for two public schools — Ruaraka High and Drive Inn Primary —was unprocedural as the land belonged to the government. 

In his report on the National Land Commission  2017-08 financial statements, Auditor General Edward Ouko unearthed irregularities in the wiring of the Sh1.5 billion to businessman Francis Mburu. 

The DPP had been waiting for the High Court to rule on a case that was challenging the ownership. 

Last month, it ruled that the Ministry of Education, which was then headed by now Interior CS Fred Matiang’i, was misadvised by NLC to compensate Mburu. 

At the same time, Haji said governors who have been charged have no option but to step aside from the offices. 

"I don’t have to move to court because the courts have already ruled they step aside so we will just be making sure they follow the rules," Haji said.

He was hosting General Prosecutor of the Brazil Federal Prosecution Office Raquel Elias.

 

"The Constitution is very clear and that is what the courts have affirmed. Anything contrary to the Constitution would not be entertained." 

On Wednesday, Justice Mumbi Ngugi ruled that governors should step aside once charged for a criminal offence, declaring unconstitutional a section of the law that the governors have been using to protect themselves.

Ngugi ruled that the section of the Anti-Corruption and Economic Crimes Act was “entrenching corruption and impunity in the land”. 

Two governors are currently facing various charges while a number of others are on the radar of investigative agencies. 

Samburu Governor Moses Lenolkulal was in April charged with four counts of abuse of office and conflict of interest leading to the loss of Sh84.6 million public funds. 

Migori Governor Okoth Obado has also been charged with the murder of his pregnant lover Sharon Otieno and his trial is ongoing. 

On the Kamwarer and Arror dam scandal, Haji said the state has started the process of freezing the assets of the suspects. 

"Everything has a procedure and once the individuals took a plea the rest is coming," he said. 

Edited by R.Wamochie 


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