Korane losses attempt to end Sh233 million fraud case

By , February 10, 2023

Former Garissa Governor Ali Korane yesterday suffered a major blow after he lost a bid to stop his prosecution over the misappropriation of Sh233 million from the county coffers in 2019.

In a judgment rendered by Justice Esther Maina of the Anti-Corruption Division, the court dismissed the request to quash Korane’s entire prosecution as recommended by DPP and EACC.

She ruled that the former governor must face the full trial for other charges of conspiracy to defraud at the magistrate’s court.

While declining the request to stop the prosecution, the judge further noted the petition lacked merits since he failed to prove how the DPP and EACC have violated his fundamental rights while they allowed his prosecution which is currently ongoing in the magistrate court.

“The petition has been dismissed on the ground it would not have succeeded because there is no violation of rights disclosed and secondly the issues raised in the petition are best suited to be tried in the trial court. The application is dismissed with cost to the DPP and EACC,” Justice Maina ruled.

Economic crimes

 Korane had challenged his arrest and charging on the several charges under the Anti Corruption and Economic Crimes Act, 2003 on account that the state have violated and will continue violating his  fundamental rights and freedoms as to due process, fair administrative action, fair application of the law, rule of law, equality and freedom from discrimination, human dignity, fair hearing and protection of the law under Articles 10, 27, 28, 47, 50 and 159 of the Constitution.

The decision comes barely a year after the same court dismissed Korane’s co-accused Abdi Bulee, Ibrahim Shurie and Ahmed Abdullahi attempt to also stop their prosecution in the case. 

Justice Maina also referred the former county officials back to the trial court stating that she was not persuaded that their prosecution is an abuse of court process.

“If they believe there was no misappropriation of funds, then the trial court would be the proper tribunal to determine the issue upon hearing and evaluating the evidence from both sides. This court cannot interfere with a proper process before the Magistrate’s Court,” Justice Maina ruled.

According to Maina, the accused had not proved that the charges against them were commenced through an ulterior motive since the charges do not disclose any offence to warrant them being in the dock.

Approving charges

She said the Director of Public Prosecutions did nothing wrong in approving charges against the governor and that there was nothing to show that the accused persons were being victimised to achieve a certain agenda.

In the case, Korane was charged alongside the three county officials in 2020 where they denied the graft charges relating to misappropriation of  Sh233,506,000 meant for a World Bank-funded project. The funds were allocated to the county as a conditional grant from Kenya Urban Support Programme.

The charges allegedly involve a conspiracy to commit an offence of economic crime, misappropriation of public funds and willful failure to comply with the law relating to management of public funds.

The State claims that they allegedly committed the offences between February 25 and September 30, 2019.

In 2018 Employment and Labour relations Judge Hellen Wasilwa ruled that their dismissal was illegal.

The Judge noted that on the alleged absenteeism, the CECs had been permitted by the Governor to travel out of the country as the trips were official and for the benefit of the county government.

The judge awarded the former CECs Sh4 million each but the amount was later increased by consent to Sh15.7 million each.  But even after winning the case, the county government has failed to honour the award and pay the three the money despite making promises through correspondences filed in court.

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