Court has granted Mandera Governor Ali Roba two weeks to respond to an application filed by a resident seeking to privately prosecute him over alleged misuse of Sh56 million county funds.
Simba Hasheem who moved to Anti-Corruption court, wants to have criminal charges preferred against Roba and three other county officials - Ibrahim Hassan, Alinoor Mohamed Ali and Okash Abdullahi Adan.
“I have written to the Director of Public Prosecutions (DPP) which correspondence was a reminder to previous communication and a 30 days’ notice of intention to move to court for private prosecution, but he did not respond,” said Simba.
He said that the DPP has not commenced or taken up the matter at all, nor has he made communication of any progress if at all which is unreasonable and culpable.
The complainant had appeared before Anti-Corruption Chief Magistrate Douglas Ogoti on January 14, 2019 and was directed to serve the respondents with the court papers ahead of the hearing.
Simba said his complaints stemmed from the Auditor-General’s report for the 2013-14 financial year, which he said contained many acts of breaking the law by various county offices.
Among the issues he will raise is the alleged procurement of armored vehicles at a cost of Sh16 million, which he alleges was done unprocedurally, and the provision of ambulance services to Kenya Red Cross Society at a cost of Sh40 million.
He added that on May 23, 2016, the County Secretary Mr Okash Adan wrote a letter to the County Chief Officer, Finance and Economic Planning requesting for direct purchasing of armored vehicle through procurement.
He claims that as per the invoice dated June 2016, the County Government received an invoice from milestone Cars Limited (Dubai), a total of Sh16,935,000 was wired to the milestones Cars (K) Limited.
Simba said that he believes that the procurement of the armored vehicles was unprocedural, unlawful and breach of the procurement process.
In a letter dated July 30, 2018 directed to the DPP, Simba claims that the Auditor General Report for the year ended on June 30, 2015 indicated that Sh40,171,759.00 was used to hire six ambulances to be stationed at Mandera County at a price of Sh600,000 per person.
Simba says that the firm which provided the ambulances was not pre-qualified and the ambulance services were not obtained through competitive bidding process either.
“The county did not get value for money from the transporter either,” said Simba.
He added that the contracts were also not done unprocedurally.
Magistrate Lawrence Mugambi directed former Presidential candidate Nazlin Omar to file formal application as she sought to be enjoined in the matter.
Governor’s lawyer Issa Mansur said he intends to oppose that application.
The matter will be heard on February 22, 2019.