Former Mandera South MP Adan Haji Ali has been charged with fraudulently acquiring tenders worth Sh51.4 million, contrary to the Anti-corruption and Economic Crimes Act.
Mr Ali, who appeared before Mombasa Chief Magistrate Alex Ithuku, denied the charge and was released on a Sh2 million bond with a surety of a similar amount or an alternative of Sh500,000 cash bail.
The court heard that the accused, being an Executive Committee Member of Kwale County directly acquired a private interest amounting to Sh51.4 million.
It is alleged that the private interest was acquired in the tenders for pre-qualification for the provision of accommodation and conference services.
The court heard that Lofta Resort Limited, where Mr Ali was a director, was pre-qualified and awarded contracts.
The offence is alleged to have been committed between May 10, 2013 and May 10, 2017 within Kwale County while Mr Ali an employee of the devolved unit.
Before the arraignment of the accused, a summon had been issued for him to appear in court and plead to the charge.
Senior Assistant Director of Public Prosecutions Peter Kiprop did not oppose the release of the accused on bond following an application made by defence lawyers.
Mr Kiprop told the court that the accused could be released on reasonable bond terms and undertook to supply the defence with all the documentary evidence the prosecution intends to rely on.
“We request the accused to cooperate with investigators for him to have his fingerprints taken and record any statements that may be needed from him,” Mr Kiprop said.
Defence lawyers Vincent Mogaka and Titus Kirui did not have any objection to the accused being processed or recording any statements.
However, they took issue with the Ethics and Anti-Corruption Commission (EACC), accusing the agency of publishing malicious statements on its website to the effect that the accused had been absconding court appearnces.
“EACC is a public entity which has been mandated to ensure integrity is adhered to. However, they have failed to execute this mandate,” said Mr Mogaka.
The defence lawyers further applied to have orders issued restraining EACC from publishing such allegations on its website.
On its part, the prosecution said the allegations were made by a different and independent entity.
Mr Kiprop urged the court not to issue any orders but an advisory that the communication office (of the EACC) does not publish negative information,” said Mr Kiprop.
The magistrate noted that the case was now before court and any views or comments ought to come from the DPP. The case has been fixed for mention on April 27, 2024.