Garissa governor Nathif Jama Lawyer Ahmednasir Abdullahi at Milimani law courts where he filed an application seeking to stop his prosecution. Director of public prosecution want the governor to be charged over Procurement of ambulances for the county on Wednesday 15 July,2015..
BY SAM ALFAN.
High Court has issued temporary injunction restraining Director of Public Prosecution decision to charge Garissa Governor Nathif Jamal Adan pending the hearing and determination of a suit he filed.
Justice Weldon Korir stayed the prosecution and directed that Nathif files an application to quash the prosecution charges within 10 days.
Through his Lawyer Ahmednasir Abdullahi, Nathif has sued the Director of Public Prosecution and eight Members of the Tender Committee as interested parties.
The Governor stated that he was not a member of the tender committee of the County Government of Garissa and neither did he sit for a meeting that was held on March 14 2014 to discuss the leasing of the ambulances.
The Governor was set to take plea next week Monday July 20 before Garissa Anti-corruption Magistrate Court on charges preferred by the office of the DPP.
The potential charges are associated with the procurement of ambulances for the County Government of Garissa.
Nathif said that he was being charged at the express instructions of senior and powerful jubilee operatives who gave an ultimatum to the Ethics and Anti-Corruption Commission that if they failed to forward the file to the office of DPP then the entire secretariat will be dismissed.
“The secretariat hurriedly forwarded the file to DPP with a view to safeguard their jobs after it was told that it will be dismissed during the reading of the Ethics and Anti-corruption Amendment Bill pending before parliament that seeks to re-organize the commission,” he said.
He added that he was being unfairly prosecuted for an offense that was politically motivated and calculated at undermining his political endeavors.
His Lawyer Ahmednasir Abdullahi told the court that the Governor was not a member of the Tender Committee and the composition of the committee is governed by the Public Procurement and Disposal Regulations 2013.
“The investigation of the matter was done at the behest of the Ethics and Anti-corruption Commission. The commission was directed and ordered by a senior Jubilee politician who demanded that the applicant be prosecuted,” he said.
He said the decision by the DPP to prefer criminal charges against the governor for what is allowed by an express provision of the Public Procurement and Disposal Act was unreasonable, illegal and amounted to gross abuse of court process.
“The potential criminal trial is not meant and designed by the respondent to attain a conviction or punish a criminal conduct. The purpose is collateral .The aim is extraneous to traditional goal of criminal prosecution,” he said.
Ahmednassir said the entire case was based on inter-clan feud and a group of pastoralist settling old age inter clan dispute using the instrument of the state to prosecute the governor.
Nathif wanted orders prohibiting DPP and his agents from commencing and prosecution against him.
Justice Korir directed that the governor to file an application seeking to quash the decision by DPP to charge him within 10 days as sought in their prayer.
The case will be mention on July 22 for inter parties hearing for further directions..