Director of Public Prosecutions Noordin Haji has appealed the decision to acquit six Nairobi County Assembly senior officials facing several counts of corruption in relation to a tender for supply of books worth more than Sh900,000.
Prosecution wants the anti-corruption court to set aside orders by trial magistrate Martha Mutuku acquitting the Nairobi Assembly Clerk Jacob Ngwele, Principal Accountant Philomena Kavinya, Senior Procurement Officer James Kariuki, Senior Finance and planning officer Fredrick Mwangi and proprietor Primara Ventures Raphael Maluki.
Mutuku acquitted the accused on all the graft charges levelled against them for lack of evidence, adding that the charges did not amount to criminal culpability.
“I find it does not amount to criminal culpability and hence all accused are hereby acquitted under section 210 of the Criminal Procedure Code (CPC) of all charges charged,” ruled Mutuku.
The prosecution claims Mutuku erred in law by acquitting the six under section 210 of (CPC) having established a prima facie case to warrant the accused person to be put on their defence.
It further claims the trial court erred by holding tha=t the use of request quotations for the procurement was regular and justifiable. Prosecution faulted trial court’s findings since the payment to Primara Ventures was irregular.