Four county government of Garissa officials who are charged alongside Garissa county Governor Ali Korane with Sh 233 million graft case have moved to court seeking quash charges against them.
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 wants the High Court to quash the decision by Director of Public Prosecution Noordin Haji to charge them.
The four also want the court to restrain the 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.
The applicants are charged with conspiracy and misappropriation of public funds. They want the court to declare their arrest and prosecution contribute to abuse of power by DPP and EACC.
They aver that the criminal justice system is being manipulated and DPP and EACC are using the criminal justice system for ulterior motives and to achieve extraneous purpose.
They are also seeking for damages over claims that their rights were violated.
“The Respondent jointly and severally misapprehended the law or motivated by extra-judicious or ulterior motives in bringing the charges in respect to petitioners’ work as employees of Garissa County Government. In 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, ” They told the court.
They further claim that the decision to prosecute them is unreasonable, irrational and clearly for extraneous purpose since the world Bank and state department of housing have never brought any complaints to the notice or attention of Petitioners.
The Sh 233 million was meant to support municipalities, re-carpeting of Garissa Township CBD roads, construction of Qorahey market, construction of stormwater drainage and pedestrian walkways.