Resident wants Roba privately prosecuted over funds misuse

Tuesday February 05 2019

Mandera Governor Ali Roba leads members of the Frontier Counties Development Council in addressing journalists at Serena Hotel in Nairobi on January 3, 2019. PHOTO | EVANS HABIL | NATION MEDIA GROUP


A Nairobi court will on Wednesday morning hear an application by a resident who wants to be allowed to privately prosecute Mandera County officials, including the governor.

Mr Simba Hasheem also wants the court to admit a charge sheet has been drawn against Governor Ali Ibrahim Roba, Ibrahim Hassan, Alinoor Mohamed Ali and Okash Abdulahi Adan.

He said in the application that he has written to the Director of Public Prosecutions (DPP) over alleged misappropriation of funds but that no action has been taken so far.


The complainant appeared before Anti-Corruption Chief Magistrate Douglas Ogoti on January 14 and was directed to serve the respondents with the court papers ahead of the hearing.

Mr Hasheem said his complaints stemmed from the Auditor-General’s report for the 2013-14 financial year, which he said contained “grave breaches of law” by various county offices.


“This court has jurisdiction to hear and determine this matter for the administration of justice and in order to avoid interference, intimidation of the hindrance by the respondents,” reads part of the application by lawyer Mutuma Meja.

Among the issues Mr Hasheem will raise is the alleged procurement of armoured vehicles at a cost of Sh16 million, which he alleges was done unprocedurally, and the provision of ambulance services to Kenya Red Cross Society at a cost of Sh40 million. 


Mr Hasheem explained that after identifying what he terms economic crimes, he lodged two complaints with the DPP on July 30, 2018 but no action has been taken.

He said he sent a notice in December 2018 of his intention to privately prosecute the officials and that his 30-day timeline lapsed without a response from the DPP.

The county resident said the notice was copied to the Attorney-General, the Clerk of the Senate and the Director of Criminal Investigations.

“[No actions and steps] been taken towards the apprehension and charging of the respondents,” Mr Hasheem said in a sworn statement.

The DPP has not been keen on the matter, he said, noting investigations have not commenced and that there would be no prejudice if he went ahead with the private prosecution.


Mr Roba has in the past vowed to crack the whip on corruption, saying county officials found culpable will be fired, transferred or demoted.

Two weeks ago, he said he wanted the Ethics and Anti-Corruption Commission to investigate and prosecute more than 100 ghost workers unearthed in the county.

The governor said the removal of the ghost workers from the payroll saved the county Sh26 million in December alone and would result in annual savings of Sh312 million.

His administration has sacked 12 senior officials while a similar number were suspended amid measures to improve service delivery.