Ethics and Anti-Corruption Commission yesterday said an independent review of the evidence gathered by its team of investigators led to a decision to prosecute former National Youth Service deputy director general, Adan Harakhe.
In its response to a suit by Harakhe, which seeks to bar his prosecution, the anti-graft body argues that 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.
EACC through an affidavit by Mark Ndiema, a forensic investigator with the body, claims that Harakhe has not produced any evidence to demonstrate that the intended criminal proceedings are being instituted for other means other than the honest enforcement of criminal law or are otherwise an abuse of the court process.
“The applicant has failed to demonstrate that there was any procedural impropriety in the process of arriving at the decision to prosecute,” said the officer. According to EACC, the matters raised in the suit are prematurely before court as they form the basis of his defence to the anticipated charges and ought to be canvased before the trial court.
Flawed procurement The anti-graft agency claims the intended prosecution has a factual foundation and is based on evidence which meets the threshold of a prima facie case to prosecute the applicant for a criminal offence.
EACC further claims that investigations established that the procurement of training materials was not in the 2014/15 Annual Procurement Plan of the Devolution ministry. He moved to court seeking to stop court proceedings against him over NYS unprocedural procurement of training materials for alleged automotive engineering faculty.
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