Court orders arrest of former NYS deputy boss Adan Harakhe over Sh47 million tender scandal

Former National Youth Service Senior Deputy Director Adan Harakhe. PHOTO: FILE

A Nairobi court has ordered the arrest of former National Youth Service deputy director general Adan Harakhe over a Sh47 million scandal.

Senior Principal Magistrate Felix Kombo issued the warrant of arrest against Harakhe and Hassan Noor, a senior official at the ministry of devolution, after they failed to turn in court to answer charges of abuse of office and conspiracy to commit an economic crime.

"There is evidence that they were notified by the Ethics and Anti-Corruption Commission about the charges but they deliberately refused to come to court. They did not even bother to offer explanation of why they didn't turn up," ruled Kombo.

As a result, the magistrate ordered that they be arrested and presented to court on December 9. In addition, the magistrate ordered that they forfeit Sh50,000 cash bail they had deposited with the EACC.

Harakhe and Noor were to be charged alongside former Devolution PS Peter Mangiti and several other top ministry officials with conspiracy to defraud public funds in awarding the controversial contract to Bluestar Enterprises Limited.

Mr Mangiti, Henry Nyongesa, Ruth Njeri, Hezbon Makobongo, Michael Ojiambo, James Kirigwi, Samuel Wachenje, Samuel Odhiambo, Freshiah Kamau, Moses Osoro and Florence Bett denied the charge of unlawfully awarding the Sh47 million contract without following procurement rules.

In the second count, the former Devolution PS was charged with abuse of office where it was alleged that he used his office inappropriately to award the contract for provision of automotive engineering training materials to Bluestar Enterprises Limited.

The other officials who were members of the ministry of devolution tender committee faced another charge of failing to comply with laws relating to procurement by allowing the use of restricted tendering method to award the contract to Bluestar Ltd.

The company's directors Betty Muriithi and Jennifer Kinoti were to be charged with fraudulent acquisition of public property but they did not turn up, with the magistrate issuing summons for them to present themselves in court on December 9.

Mr Mangiti was released on a cash bail of Sh1 million while the other accused were granted cash bails of between Sh250,000 and Sh700,000.

The warrants of arrest against Harakhe and Noor were issued a day after the High Court dismissed their applications to stop the EACC and the Director of Public Prosecution from arresting and charging them over the scandal.

Lady Justice Hedwig Ong'udi ruled that the DPP and the EACC did not violate their rights in deciding to prefer charges agisnt them over the scandal, and that they should use the two should use their claims as part of their defence at the magistrate court.

EACC argued that they have sufficient evidence that Harakhe participated in the scandalous tender, and that he admitted signing the local purchase order releasing the money to Bluestar Enterprises Limited.

According to the commission, NYS officials colluded with the company to inflate the cost of supplying specialized plant equipment and machinery, given that an evaluation done by the ministry of transport valued the same goods at Sh15 million.