The Director of Public Prosecution has told the High Court that it has no jurisdiction to hear and or determine the application and or petition filed by Garissa Governor Ali Korane’s co-accused seeking to quash graft charges against them.
DPP Noordin Haji said that the accused persons, Garissa Municipal Board Manager Abdi Bulle, Chief of Finance Ibrahim Nur Shurie, Head of Treasury Mohamed Abdullahi and Head of Accounting Garissa Municipal Board Ahmed Aden have not met the threshold for the grant of any of the conservatory, stay and or injunctive orders sought.
“The application and or petition is an invitation to this court to intervene against the 2nd Respondent’s (DPP) exercise of his constitutional mandate without proper legal basis,” the DPP added.
The four also want the court to restrain EACC, DPP and the trial court from presenting further charges against them as presented in the current graft case before the Milimani Anti-Corruption Court on the same set of facts and in relation to their work as employees of Garissa County in county’s account on restored borrowing.
According to the applicants, the DPP misapprehended the law or the charges were motivated by extra-judicious or ulterior motives. They added that the borrowing and refunding monies from the account set out into count three to eight over misappropriation of public funds and in acting in manifest ultimate good faith in the face of the facts and circumstances of this case.
However, the DPP said that the decision to charge each of the petitioners was made on the basis of proper legal and factual basis, and therefore within, and in accordance with the law.
He added that the issues raised in both the application and or the petition are issues of trial that should be best canvassed and determined by the trial court and each of the application and the petition is vexatious, frivolous and therefore an abuse of the legal process.