Former national Youth Service (NYS) Senior Deputy Director Adan Harakhe.
BY SAM ALFAN.
Former National Youth Service (NYS) Senior Deputy Director General Adan Harakhe to be charged with misuse of office.
This after he lost his bid to stop his intended prosecution over NYS scandal flopped.
Justice Hedwing Ongundi ruled that his fundamental rights were not violated by the Director of Public prosecution and Ethics and Anti corruption commission.
The court further reversed an earlier ruling stopping Harakhes prosecution over the procurement of training materials in NYS.
The court heard that there was no dispute that Harakhe signed the said LPO and that was appointed as the AIE holder adding that he was an accounting officer.
The ruling means that he will be charged and prosecuted.
“The applicant has not shown any evidence that the respondent violated his fundamental rights,”court ruled.
In the case Harakhe moved to court seeking orders to bar his prosecution against him over allegations of unprocedural procurement of training materials for automotive engineering faculty of the NYS.
Harakhe argued that the intended prosecution by DPP is a witch hunt mission against him as the respondent (DPP) and the interested party (EACC) seek to appease its masters,” he stated.
The anti-graft body wants orders issued stopping the arrest and prosecution of former National Youth Service (NYS) deputy director general Adan Harakhe lifted.
According to the Ethics and Anti-Corruption Commission (EACC), it has gathered sufficient evidence to prove a case against Mr Harakhe, and the intended prosecution is not motivated by malice.
The Commission yesterday told Justice Hedwig Ong’udi of the anti corruption and economic crimes division of the High Court, that Mr Harakhe has failed to demonstrate that in conducting investigations and arriving at a decision to prosecute him, EACC and the Director of Public Prosecutions (DPP) abused their powers.
Mr Harakhe had last week filed an urgent application at the High Court and obtained temporary orders stopping his prosecution. He claimed the intended prosecution is motivated by malice.
However, the EACC on Tuesday told the court that, “Mr Harakhe has failed to demonstrate that the intended prosecution is actuated by ulterior motive or malice or is otherwise an abuse of the legal process.
The intended prosecution has a factual foundation and is based on evidence.”
A similar ruling was delicerd agasint Former chairman of the Ministerial Tender Committee Hassan Noor Hassan in connection with procurement irregularities in the award of a tender for the supply and delivery of training materials worth 47.6 million shillings.
While recommending the charges against the two , DPP said that there is sufficient evidence to charge them with abuse of office for issuing a local purchase order and authorising a payment voucher to a company, Blue Star Enterprises.
They can be arrested and arraigned in court anytime from now.