David Oginde PhD FCS
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David Oginde PhD FCS
@doginde
Chair Ethics and Anti-Corruption Commission l Founder and CEO The Catalead Associates l Architect l Leadership I Governance I Ethics

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MALINDI COURT ALLOWS DPP TO WITHDRAW THE ONGOING KES.8.5 B UTALII COLLEGE GRAFT CASE AGAINST FORMER TOURISM CS NAJIB BALALA, HIS PS AND 14 OTHERS Malindi Chief Anti-Corruption Magistrate Hon. James Mwaniki has, today, allowed the Director of Public Prosecutions (DPP) to withdraw the ongoing Kes. 8.5 billion corruption case facing former Cabinet Secretary, Ministry of Tourism Mr. Najib Mohammed Balala and his Principal Secretary Ms. Leah Adda Gwiyo. EACC opposed the DPP’s bid to withdraw the case, which is against public interest and a drawback in the fight against corruption. The Anti-Corruption Magistrate declined to admit an Affidavit by the EACC Investigator opposing the withdrawal. In his ruling, the Magistrate termed the ground cited by DPP in seeking the withdrawal as shallow and that it was not sufficiently demonstrated to the Court why it would be difficult for the case to continue. The Court, however, discharged the accused persons and ruled that any future decision to charge them afresh on the same facts would be an abuse of the court process. EX-CS Balala and his co-accused were arrested by EACC on 22nd December, 2023 and charged over alleged procurement fraud and theft of public funds in the construction of the Coast Branch of the Kenya Utalii College (renamed Ronald Ngala Utalii College) in Kilifi County. The arrest and arraignment came after the DPP, upon independent review of the file, concurred with EACC that there was sufficient evidence to charge the suspects with the following offences: i) Willful failure to comply with the laws relating to procurement contrary to Section 45(2)(b) as read with 48(1) of the Anti-Corruption and Economic Crimes Act No. 3 of 2003. ii) Unlawful acquisition of Public Property contrary to Section 45(1)(a) as read with 48(1) of the Anti-Corruption and Economic Crimes Act, 2003. iii) Abuse of office Contrary to Section 46, as read with Section 48(1), of the Anti-Corruption and Economic Crimes Act No. 3 of 2003. The Commission’s investigations established that the Cabinet approved the construction of Utalii College in Vipingo at a cost of Kes. 1.95 billion but the project cost was later inflated by Ministry Officials to Kes. 10.4 Billion against the approved cost. Investigations further established that the accused persons facilitated irregular payment of Kes. 8.5 Billion by the Ministry of Tourism, out of which Kes.4 billion was fraudulently paid to Baseline Architects Limited for consultancy services in the construction of the college. In a meeting of the Management Board of Ronald Ngala Utalii College attended by the Cabinet Secretary Najib Balala and Principal Secretary Leah Gwiyo, the Board dismissed construction designs and plans done by the Ministry of Public Works and resolved to engage private consultants namely Baseline Consortium to develop new designs and supervise the main contractor, at an exaggerated cost of Kes.4 billion. The unfortunate withdraw of this case by the DPP came on the day the matter was scheduled for a mention to fix a hearing date. The Court Ruling may be downloaded from this link: eacc.go.ke/en/default/wp-… #TuangamizeUfisadiTuijengeKenya




He challenged Leaders to empower employees in their organizations to effectively run key functions as it promotes a culture of trust, collaboration, and innovation and enables the leaders to focus on their core mandate as vision bearers.

Dr. David Oginde, Chairman of the Kenya Ethics and Anti-Corruption Commission (EACC) speaking at the just concluded National Cooperative Leaders meeting in Mombasa.



