COTU Secretary-General Francis Atwoli testifying at Milimani Law Court in the case in which former COTU official are accused of defrauding the worker’s (FILE PHOTO).
BY SAM ALFAN.
A Nairobi Court has dismissed an application by Cotu Secretary General Francis Atwoli seeking to institute private prosecution against six people over the development of the controversial Sh5.3 billion Tassia II settlement scheme.
Chief Magistrate Daniel Ogembo dismissed the application on the basis that it lacked merit.
Cotu wanted to institute criminal proceedings against former NSSF acting managing trustee Richard Langat, trustee chairman Adan Daud, Finance secretary Mutua Kilaka and PS Ali Ismail
According to the Magistrate, the court must be convinced that the proceedings are necessary before such orders can be granted.
He absolved the office of the Director of Public Prosecution and the Ethics and Anti-corruption Commission saying the two agencies had acted within the law in closing the file against the six.
“It is not in dispute the complainant lodged a complaint with EACC and DPP. Both agencies acted on the evidence presented against the six and after satisfying themselves that there was no evidence of criminal culpability by the trustees recommended the file to be closed,” the magistrate said.
He said there was no proof that the two agencies acted unlawfully when they closed the files.
Atwoli had also sought to privately prosecute Mr Mutemi Nzetu and Mr Gideon Kioko who are members of the tender committee that approved the Tassia project.
He claimed that the board irregularly approved the Tassia II development for Sh5.3 billion. He also alleged that China Jiangxi International is the contractor which was in violation of basic procurement rules and regulations.
He claimed that DPP failed to consider the circumstances in which the tender was awarded and approved on the same day when he exonerated the board and the management staff.
In the ruling however, the magistrate faulted Atwoli for failing to table evidence to prove their clearance was fraudulent.
