This archive report was first published on 10 July 2021.
On July 10, 2021, the Court of Appeal sanctioned the case against eleven officials of Turkana County Government, paving the way for them to face charges of abuse of office, willful failure to comply with procurement laws, and unlawful acquisition of public property.
The officials, who include Tioko Logorion, David Moranga, Joseak Kosgei, Lawrence Lolil, Nancy Tatoi, Benson Logei, Stephen Gole, Wilfred Lokiyoto, Paul Nabuin, Eng Kerio, and Paul Ng'asake, will be charged after the appellate court overturned an earlier decision stopping plans to charge them.
The Court of Appeal, comprising judges Wanjiru Karanja, Patrick Kiage, and Agnes Murgor, set aside the High Court decision, saying the judge misdirected himself by failing to take into account matters that ought to have been taken into account.
“Accordingly, the appeal is allowed. The ruling and order of the High Court of 29th March 2017 is hereby set aside with costs to the appellant,” ruled the judges.
The officials had moved to the High Court seeking to quash the decision by the Director of Public Prosecutions recommending the charges. They claimed that the Ethics and Anti-Corruption Commission invaded the County headquarters in Lodwar while carrying on investigations into the alleged irregularities of Tender awards pertaining to various construction projects.
They further complained that following the letter of March 11, 2016, and the press statement in January 2016, EACC published the results of a survey which declared the County Government of Turkana and Tana River as the only two counties where no bribery in exchange for services was reported.