BY SAM ALFAN.
The High court has stopped intended prosecution of the acting CEO of the National Water Harvesting and Storage Authority.
Justice George Odunga sitting in Machakos declared the intended prosecution of Eng Geoffrey Sang as recommended by the Directorate of Criminal Investigations, in excess of his powers and therefore unconstitutional.
The court further prohibited the DCI from instituting criminal proceedings against Sang unless the same is instituted through the Director of Public Prosecution.
According to judge Odunga, the DCI has no powers or uthority to institute criminal proceedings before a court of law without prior consent from the DPP and any proceedings so commenced are unconstitutional, illegal, unlawful, null and void.
Justice Odunga further added that any evidence obtained in violation of the law is only to be excluded where its admission would render the trial unfair or otherwise detrimental to the administration of justice.
“In my view, it is not mere fact of the manner in which the evidence is obtained that determines its admissibility and the effect on the fairness of the process. That is a matter that can be determined by the trial court if and when determination is made that criminal proceedings be preferred against the petitioner,” Judge Odunga observed.
Sang was appointed as the acting CEO of the authority after resolution of the board made during the 6th special full board meeting held on November 18, 2019 for a period of six months until a substantive chief executive officer was appointed.
He argued officers from DCI visited his office on April 24 this year and informed him that they were conducting investigations touching on his conduct at the agency and required him to accompany them to DCI’s headquarters for interrogation.
He claimed he was arrested alongside acting procurement manager Lydia Korir and chief human resources officer Joseph Odhiambo. He stated that the said officer never presented to him any summons from the DCI or any documents detailing the nature of the investigation or allegations levelled against him which they were investigating.
He added that he was questioned over appointment of the acting procurement officer Lydia Korir and further regarding his role in the hiring of strangers at the Authority among them Noah Too, Peter Bett and Nixon Korir.
He termed allegations him as malicious and motivated by sheer witch-hunt which is evinced by the fact that one of the strangers alleged to have been hired by the petitioner Noah Too is a deceased having been passed on May 5, 2015 and payroll presented to detectives indicated alleged strangers are not in the Authority payroll.
He also said at no time during interrogation he was questioned regarding any money lost in a dam project and specifically the Naku’etum peace dam in Turkana and publication indicating he was questioned over the same were erroneous , malicious and spitefully to portray him as a corrupt individual.
He said there was no dispute that police have powers to investigate an alleged crime and if there is sufficient evidence they will make decision to charge the suspect.
“Eng. Sang has not provided sufficient evidence that Directorate of Criminal Investigations exceeded their jurisdiction or breached the principles of natural justice when they summoned him to record statement,” the DPP submitted.
He added that it was in the public interest that all complaints made to the police should be investigated and in this case a complaint was made to the police and police carried out their constitutional and statutory functions if investigating the alleged incident.
“If the orders sought are granted it would be tantamount to ordering the police not to discharge their mandate,” he added.
He further submitted that the petitioner did not demonstrate that investigation done by the police and any criminal proceedings which may be preferred against him have been done in excess or without the jurisdiction by the DPP.
