This archive report was first published on 7 July 2021.
On September 30, 2019, Garissa Governor Ali Korane's co-accused filed an application to quash graft charges against them. However, the Director of Public Prosecution, Noordin Haji, has told the High Court that it has no jurisdiction to hear and determine the application.
According to the DPP, the accused persons, 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, have not met the threshold for the grant of any of the conservatory, stay, and or injunctive orders sought.
The DPP argued that the application is an invitation to the court to intervene against the DPP's exercise of his constitutional mandate without proper legal basis.
The four officials also want the court to restrain the Ethics and Anti-Corruption Commission (EACC), the DPP, and the trial court from presenting further charges against them as presented in the current graft case before the Milimani Anti-Corruption Court.
However, the DPP said 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.