Lawyer Rogers Sagana for former National Youth Service (NYS) deputy director general Adan Harakhe submitting during the hearing of Ethics and Anti-Corruption Commission (EACC) seeking orders blocking prosecution of Harakhe lifted at Milimani Law Courts on Tuesday November 22.2016.
BY SAM ALFAN.
The anti-graft body wants orders issued stopping the arrest and prosecution of former National Youth Service (NYS) deputy director general Adan Harakhe lifted.
According to the Ethics and Anti-Corruption Commission (EACC), it has gathered sufficient evidence to prove a case against Mr Harakhe, and the intended prosecution is not motivated by malice.
The Commission Tuesday told Justice Hedwig Ong’udi of the anti-corruption and economic crimes division of the High Court, that Mr Harakhe has failed to demonstrate that in conducting investigations and arriving at a decision to prosecute him, EACC and the Director of Public Prosecutions (DPP) abused their powers.
Mr Harakhe had last week filed an urgent application at the High Court and obtained temporary orders stopping his prosecution. He claimed the intended prosecution is motivated by malice.
However, the EACC yesterday told the court that, “Mr Harakhe has failed to demonstrate that the intended prosecution is actuated by ulterior motive or malice or is otherwise an abuse of the legal process. The intended prosecution has a factual foundation and is based on evidence.”
The former NYS deputy director general argues that the intended criminal charges arise out of an approved restricted tender for supply and delivery of specialized Plant Equipment and Machinery, for training material by the NYS under the Ministry of Devolution and Planning.
“I am being charged at the behest of EACC in an effort to intimidate, coerce and pressure Me into conceding to a graft case pending before the anti-corruption court,” Mr Harakhe in his court papers.
He claims, the intended prosecution by the DPP is a witch hunt mission against him, and meant to unduly harass and embarrass him.
Mr Harakhe was to be charged with 23 other suspects, who had been released on bond by EACC and directed to appear before the anti-corruption court.
The EACC said that an investigator only needs to establish reasonable suspicion to prefer charges and it is for the trial court to make a finding as to whether a crime has been committed or not, after viewing the evidence.
Temporary orders stopping prosecution have been issued by the High Court in 18 other cases involving individuals over corruption related offences.
A ruling on whether to lift the orders stopping Mr Harakhe’s prosecution will be delivered on November 24.
