Isiolo County Assembly Clerk Salad Boru and former Speaker Mohammed Tupi faced a setback as a court rejected their request to delay plea-taking in a bribery case, ordering them to appear on May 30, 2022.
The three, along with Tupi’s former aide Joseph Gatama Gurach, allegedly accepted a Sh140,000 bribe from Waqo Gufu Boru, director of M/S Malka Constructors Limited, to secure a Sh28 million tender in May 2016. The contract involved infrastructure work at the county assembly, which shared premises with the executive branch.
The defendants’ legal team, including Caroline Kamende, Mercy Mwinzi, and Zainab Jirma, argued for a postponement, citing pending applications to the Office of the Director of Public Prosecutions and a stay order request at the High Court in Milimani. They claimed the court should not proceed until these matters were resolved.
During the hearing, only Gatama Gurach appeared, with defense lawyers stating Tupi, Boru, and Gufu were unwell. Tupi had recently been discharged from hospital, Boru was reportedly ill, and Gufu fell ill at the court. Jirma accused the prosecution of political motivation, questioning why charges were filed six years after the alleged crime, just months before elections.
State Prosecutor Solomon Naulikha opposed the delay, urging the court to issue arrest warrants for the absent defendants. He criticized the defense’s claims as speculative, noting the court had not received official copies of the requested documents. Naulikha emphasized legal procedures, stating defendants could not selectively attend court.
The court ruled that the Ethics and Anti-Corruption Commission (EACC) acted on behalf of multiple stakeholders, including the county government and residents. While allowing the defense to present arguments, the magistrate rejected claims of political bias, stating the prosecution’s role remained valid.
The court dismissed the defense’s applications for review and stay orders, citing lack of official documentation. It ordered the three absent defendants to appear on May 30, citing humanitarian grounds. Gatama Gurach, who appeared, pleaded not guilty to charges of conflict of interest and abuse of office.
Gatama was released on a Sh200,000 bond with one surety, with trial set for September 5, 2022. The case involves allegations of fraud, abuse of office, and false documentation against all four defendants.
