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Judge throws out Governor Nanok's case seeking compensation from EACC for linking him to graft

By Kamau Muthoni | Published Fri, October 12th 2018 at 00:00, Updated October 11th 2018 at 23:09 GMT +3

The High Court has dismissed a case filed by the Turkana governor seeking to quash a report on alleged misuse of Sh14 million in the county.

Josphat Nanok (pictured), who had sued alongside the county’s finance executive, Paul Nabun, claimed the Ethics and Anti-Corruption Commission (EACC) report handed to President Uhuru Kenyatta on matters that were under investigation was defamatory and exposed him to public ridicule.

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They wanted the court to order that they be compensated for defamation and their names expunged from the report.

In the report, EACC said it was investigating Mr Nanok over Sh14 million that was meant to build a bridge.

High Court Judge Edward Muriithi said the governor had jumped the gun as the report did not insinuate he or the CEC were guilty of impropriety.

Published reports

“The petition was filed prematurely, before investigations into the matter and conclusive report made in accordance with the Constitution and statute. The disclosure of the report by the media did not per se violate the rights of the petitioners. It would only amount to such violation if it were suggested in the said published reports that the petitioners were guilty of the impropriety subject of the complaint,” ruled Justice Muriithi.

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Nanok told the court that his government had never included in its budget any project for the construction of a bridge.

The only bridge that was constructed, he said, was built by the county’s predecessor, Tthe urkana County Council, long before the 2013 General Election.

He complained that the report was given to Uhuru without giving him (Nanok) an opportunity to be heard.

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