Court declines to withdraw Sh84 million corruption case against ex-Samburu governor

Director of Public Prosecution Noordin Haji addresses inmates at Nairobi Remand Prison on May 22, 2023, during the launch of an online complaints and case review system. [Denish Ochieng, Standard]

The DPP indicated that he had reviewed the file and was satisfied no money was lost by the county government in the contract with Oryx Service Station for the supply of petroleum products.

According to Haji, his office established that there were no procurement breaches in the stated contract and that no money was lost since the county government got value for money for the services provided.

The DPP stated further that the ex-governor did not engage in a conflict of interest having relinquished his interest in Oryx Service Station which was awarded the Sh84 million contracts to supply fuel to Samburu County Government.

However four days after filing the application to withdraw the case, the DPP changed his mind and told the court he will be pursuing the ex-governor to the end.

The magistrate then ruled that since the DPP had rescinded the application to withdraw the charges, the trial would proceed to a conclusion.

This was what prompted the ex-governor to file the application at the High Court claiming the DPP's change of heart was a violation of his legitimate expectation to have the case terminated.

Justice Maina however dismissed the claims stating the DPP has the power to determine which case to terminate and which case to prosecute.