A Malindi court has acquitted former Tourism Cabinet Secretary Najib Balala in a Ksh.8.5 billion corruption scandal at the Ministry of Tourism.
This decision came after the Office of the Director of Public Prosecutions (ODPP) requested to withdraw the case.
In a letter dated July 31, 2024, the ODPP directed the discontinuation of proceedings, citing incomplete investigations and lack of full disclosure. The ODPP also noted that the timeframe required to finalize the investigations was uncertain.
Despite the Ethics and Anti-Corruption Commission (EACC) urging the court to reject the ODPP's application, arguing that the matter is of public interest and the request constitutes an abuse of the court process, Malindi Chief Magistrate James Mwaniki approved the case's withdrawal. He ordered the accused persons to be discharged under Section 87(a) of the Criminal Procedure Code.
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Magistrate Mwaniki also stated that any cash bail deposited in court should be released to the depositors, and any security documents should be returned to the sureties, who are also relieved of their obligations.
He emphasized that the withdrawal of charges does not amount to an abuse of court processes. However, he noted that any future decision by the ODPP to initiate proceedings against the accused based on the same facts could be seen as an abuse of the court process.
Balala and the others were first arrested on December 22, 2023, over procurement fraud and irregular payments of Ksh.8.5 billion in the Ronald Ngala Utalii College construction in Vipingo. The suspects included Leah Gwiyo (Former Principal Secretary of tourism), Joseph Odero (Managing Partner of West Consult Engineers), and Flora Ngina (Former ICT Manager of the Tourism Fund).
Additional suspects apprehended by the EACC included Allan Chenane, Joseph Rotich Cherutoi, Norah Mukuna, Eden Odhiambo, Ruth Sande, George Muya Njoroge, Morris Gitonga Njue, Dominic Motanya, Rebman Malala, and James Mwangi Wairagu. Summons were issued for Nancy Siboe and Joseph Karanja Ndung’u, who did not appear in court.
