BY NT CORRESPONDENT.
The Nairobi Anti-Corruption Court has discharged former judiciary registrar Gladys Shollei charges relating to the purchase of the Chief Justice’s official residence worth Sh310 million.
Director of Public applied to be allowed to withdraw the case under section 87 due to court appeal decision.
The DPP application was opposed by Shollei lawyer .
In his ruling, Senior Principal Magistrate Felix Kombo said the accused person will not suffer any prejudice if the case is withdrawn.
“Accused will not suffer any prejudice if the application is allowed” ruled Kombo.
“Between April 16 and 30 being the chief registrar and accounting officer of the Judiciary, you used your office to improperly confer a benefit to Johnson Nduya Muthama Ltd by approving payment of Sh310 million for the purchase of a residence for the Chief Justice,” read the charge sheet.
Francis Kakai, Martin Okwata, Benedict Omolo, Thomas Atak, Nicholas Mbeba and Wycliffe Wanga denied that they engaged in the purchase of the property from Johnson Nduya Muthama Holdings Limited without prior planning.
The prosecution says that between October 5, 2012 and June 3, 2013 at the Supreme Court, Nairobi, being members of the tender committee, they jointly engaged in purchasing a fully furnished residential property for the Chief Justice at Sh310 million without prior planning.
Another charge stated that they wilfully failed to comply with the law relating to tendering of contracts and ignored the lowest evaluated price without justifiable and objective reasons.
They were further charged with failing to comply with the law and guidelines relating to the tendering of contracts by failing to ensure that the Judiciary did not pay in excess of the prevailing market prices in the purchase of the controversial residence.
Gladys Shollei pleaded not guilty to accusations of changing terms and conditions in awarding a contract to Timsales Company for the construction of Mavoko law courts without the approval of the Tender Committee.
The seven are former deputy chief registrar Kakai Kissinger, Martin Otieno Okwata (former director of supply chain management), Benedict Abonyo Omollo (former director of finance) and tender committee members Wycliffe Wanga Ombunde, Nicholas Muturi Okemwa, Nicholas Mbeba and Thomas Oloo Atak.
They were accused of failing to comply with procurement laws by awarding a direct tender to Timsales Limited and increasing the advance down payment to the company from 10 per cent to 50 per cent.
They jointly face a charge of abuse of office for awarding Timsales the tender to construct the Runyenjes Court Station without following the procurement process, leading to the loss of Sh18.3 million.
Ms Shollei, Mr Kissinger, Mr Okwata and Mr Omollo face a charge of abuse of office for changing the terms and conditions of a contract awarded to Timsales without the approval of the tender committee.
They were out on bond of Sh 1million or a Sh300, 000 cash bail.