This archive report was first published on 7 July 2021.
July 7, 2021
Director of Public Prosecution Noordin Haji has moved to dismiss a petition filed by officials of Garissa County government seeking to quash graft charges against them.
The petition, filed by 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, seeks to have the High Court declare that a fair trial is not possible and that the officials have no case to answer.
However, Haji argues that the High Court lacks jurisdiction to hear the case, citing a lack of proper legal basis.
"The application and or petition is an invitation to this Court to intervene against the 2nd Respondent's (Director of the Public Prosecution) exercise of its constitutional mandate without proper legal basis," he said.
Haji added that the decision to charge each of the petitioners was made on the basis of proper legal and factual basis, and therefore within, and in accordance with the law.
The officials are accused of embezzling funds granted to the county by the World Bank.