The Consumers Federation of Kenya (COFEK) Secretary General Stephen Mutoro has expressed concerns over the recent acquittal of former Tourism Cabinet Secretary Najib Balala in a corruption case.

In a statement on August 1, Mutoro said that the proposed national dialogue by President William Ruto aimed at addressing national issues should carry out reforms within the Office of the Director of Public Prosecutions (ODPP).

He called for limiting of the ODPP’s “excessive powers” to questionably withdraw high profile cases without proper justification.

Additionally, Mutoro emphasized that such actions show a lack of regard for public interest as well as the recovery of lost public resources.

“Methinks, the proposed National Dialogue should clip excessive powers of the ODPP abused at will, to enter questionable Nolle Prosequi (withdrawal) of corruption and other public interest cases – without explanation, due regard for public interest and recovery of lost public resources,” he said.

Similarly, in a statement made on August 1, 2024, David Oginde, Chair of the Ethics and Anti-Corruption Commission also expressed his concern over Balala’s acquittal.

“With these kinds of actions, our work is totally undermined!” he remarked.

Court Acquits Balala

His remarks come after a Malindi court cleared Najib Balala and 16 other individuals of graft charges after the Director of Public Prosecutions in a letter, requested to withdraw the charges.

The ODPP cited incomplete investigations and an uncertain timeline for the resolution of the case as the reasons for the request.

Also Read: Former CS Najib Balala Arrested

“By way of a letter dated 31st July 2024, the ODPP directs the discontinuation of the proceedings on grounds that investigations have not been completed and full disclosure made and that the period that it might take to finalize the investigations is uncertain,” noted ODPP.

However, the Ethics and Anti-Corruption Commission (EACC) opposed this withdrawal, insisting that it undermined public interest.

“The EACC have responded stating that thorough investigations were conducted, and they have a water-tight case against the accused,” further read the court ruling.

Court Grants the Withdrawal Request by ODPP

Despite this, Chief Magistrate James Mwaniki allowed the withdrawal, discharging the accused persons under Section 87(a) of the Criminal Procedure Code.

Also, he ordered that any cash bail deposited in court be returned to the depositors and that security documents be returned to the sureties, who were also relieved of their obligations.

Furthermore, the magistrate warned the ODPP against future actions based on the same facts, noting that this could be seen as an abuse of the court process.

Also Read: Win For Babu Owino as DPP Withdraws Case Against Him

“Any decision by the ODPP to institute subsequent proceedings against the accused persons or any of them on account of the same facts may itself easily be interpreted as or may amount to an abuse of the court process.”

The case involved allegations of misappropriating Ksh 8.5 billion linked to the Ronald Ngala Utalii College construction project.

Balala was first arrested on December 22, 2023, alongside Leah Gwiyo (Former Principal Secretary, Tourism), Joseph Odero (Managing Partner, West Consult Engineers) and Flora Ngina (Former ICT Manager, Tourism Fund). 

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