The Court of Appeal has lifted an order stopping Director of Public Prosecution Noordin Haji from prosecuting 11 Turkana county contractors for abuse of office.
Justices Wanjiru Karanja, Patrick Kiage and Agnes Murgor said the decision by the High Court in effect provided immunity to the 11 from any investigations.
Blocking the DPP from investigating the construction contracts and recommending prosecutions meant the Ethics and Anti-Corruption Commission and the DPP would not do their work, they ruled.
The 11 persons are Tioko Logorion, David Moranga, Joseak Kosgei, Lawrence Lolil, Nancy Tatoi, Benson Logei, Stephen Gole, Wilfred Lokiyoto, Paul Nabuin, Eng Kerio and Paul Ng’asake.
The High Court had quashed a March 11, 2016 letter by the EACC asking the contractors to produce contract documents for work done in Turkana.
Also quashed was a press statement by Haji saying he had recommended the prosecution of the 11 with abuse of office, willful failure to comply with procurement laws and unlawful acquisition of public property among others.
The High Court had further stopped the DPP from harassing or even charging the contractors.
At the High Court, the persons had accused EACC of invading county government of Turkana’s headquarters in Lodwar and carrying away documents which are no longer in their possession. EACC had been carrying out investigations into alleged irregularities of tender awards on several construction projects.
Despite the probe, the contractors noted, the EACC later published results of a survey which declared Turkana and Tana River as the only two counties where no bribery for services was reported.
As such, they said, the continued demand for documents by EACC was unwarranted.
They further said that if there were any complaints in relation to tenders the right agency to hear them was the Procurement and Administrative Review Board.
The High Court ruled in their favour. The EACC filed an appeal.
In its appeal papers, the EACC said the High Court judge issued far-reaching orders that stopped the ODPP from carrying out its mandate.
EACC said that it was investigating various construction contracts for which it is duly mandated by law.
The Appeal judges in their decision on January 29 said that they can’t find a complaint or evidence of impropriety against the DPP or the EACC.
“It is apparent therefore that no reason for prohibiting the prosecution of the respondents was established and, therefore, we find the orders of prohibition to have been unjustified,” they said.
“Since no illegality or unprocedurality was established, there was no reason for the learned judge to have ordered a prohibition against the intended prosecution of the respondents.”
