Kilifi graft case moved to Nairobi on CJ Maraga's directive

Stephen Mutua Ngunzi (Kilingi Investment), Lucy Wanjugu Kibogo (Zohali Services Limited) and Sarah Wangui Kamau (Daima One Enterprises) in court over the theft of Sh51 million from Kilifi County. PHOTOS | KAZUNGU SAMUEL | NATION MEDIA GROUP

What you need to know:

  • The orders arise from a petition filed by eight of the suspended officers.
  • Already, four directors of the five companies suspected to have fraudulently received the Sh51 million have been charged.

The High Court has transferred to Nairobi a case against eight of 10 suspended Kilifi County officials and an acting health chief officer linked to the theft of Sh51 million.

Malindi Resident Judge Said Chitembwe transferred the cases following Chief Justice David Maraga's directive that all corruption cases to be heard in the Anti-Corruption Division of the High Court in Nairobi.

“Although the accused have not been charged with corruption offences, the matter involves loss of public funds and [the] Ethics and Anti-Corruption Commission (EACC) has been referred as an interested party,” he said.

The eight suspended officials and acting health Chief Officer Baha Nguma, who is still in office, whose passwords were allegedly used to steal Sh51 through Internet banking transfers, have been charged with fraud and stealing by servant.

ORDERS EXTENDED

They are Lenox Mwadzoya (roads and transport inspector), Paul Mwazo (county treasury deputy director), John Kalume (finance senior accountant) and education principal accountant Josephine Muramba.

Others are Johnson Nyamawi Gambi (finance senior accountant), Timothy Malingi (health chief officer), Dickson Tembo (agriculture clerical officer), Jacob Konde (senior health accountant).

Also suspended by Governor Amason Kingi after they were linked to the theft but were left out of the charge sheet are Lilian Hariri (health clerical officer) and water accountant Vivian Sidi Nzai.

The judge also extended orders that quashed Governor Kingi’s decision to suspend the county officials and reinstated them to their work stations until their case in heard and determined.

The orders arise from a petition filed by eight of the suspended officers.

'CONTRADICTORY ORDERS'

The court had also stopped the Inspector-General of Police, the Director of Public Prosecutions and the EACC from harassing, arresting and charging the officers.

Justice Chitembwe transferred the cases after Senior Prosecution Counsel David Fedha complained that the judge had issued two contradictory orders that blocked the accused from pleading to the charges.

“The case has come for direction after orders were given to confirm that the petitioner may proceed with taking plea and bond terms only to realise on December 20 that another order was issued that stayed the previous order,” he said.

Already, four directors of the five companies suspected to have fraudulently received the Sh51 million have been charged and released on a cash bail of Sh1 million each.