Malindi Court Acquits Najib Balala and 16 Others in Ksh.8.5 Billion Corruption Case
Former Tourism Cabinet Secretary Najib Balala and 16 others linked to a Ksh.8.5 billion corruption case have been cleared by a Malindi court.
This decision came after the Office of the Director of Public Prosecutions (ODPP) requested to drop the case.
In a letter dated July 31, 2024, the ODPP called for the cessation of the proceedings due to incomplete investigations and insufficient disclosure.
The ODPP also stated that the timeframe needed to complete the investigations was indeterminate.
Despite the Ethics and Anti-Corruption Commission (EACC) urging the court to dismiss the ODPP’s request on the grounds of public interest and abuse of the court process, Malindi Chief Magistrate James Mwaniki approved the withdrawal.
He ordered the discharge of the accused under Section 87(a) of the Criminal Procedure Code.
“Any cash bail deposited in court shall be returned to the depositors, and any security documents shall be given back to the sureties, who are also relieved of their obligations,” Magistrate Mwaniki directed.
He asserted that the ODPP’s request for withdrawal does not constitute an abuse of court processes.
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However, he noted that while the withdrawal results in a discharge, any future proceedings by the ODPP against the accused on the same facts could be seen as an abuse of the court process.
Balala was initially arrested on December 22, 2023, along with Leah Gwiyo (Former Principal Secretary, Tourism), Joseph Odero (Managing Partner, West Consult Engineers), and Flora Ngina (Former ICT Manager, Tourism Fund).
They were arrested for procurement fraud and irregular payment of Ksh.8.5 billion for the proposed Ronald Ngala Utalii College in Vipingo.
A week later, the EACC apprehended ten more suspects connected to the scandal.
These included Allan Chenane, Joseph Rotich Cherutoi, Norah Mukuna, Eden Odhiambo, Ruth Sande, George Muya Njoroge, Morris Gitonga Njue, Dominic Motanya, Rebman Malala, and James Mwangi Wairagu.
The court also summoned Nancy Siboe and Joseph Karanja Ndung’u, who did not appear in court at that time.
Malindi Court Acquits Najib Balala and 16 Others in Ksh.8.5 Billion Corruption Case
