Tables are still turning in the graft cases presented by Noordin Haji to the Judiciary.Even after talks and bashing over why this cases are never solved with witnesses walking free, the Directorate of Public Prosecutions is still losing cases for lack of strong evidence.
However in recent acquittal, Mr Noordin Haji has made an appeal to 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.
They were arrested in August last year and charged with corruption.
The prosecution accused them ofcolluding and stealing close to Sh1 million through a tender to supply books to the Nairobi County Assembly resource centre.
The prosecution said the books were never delivered despite Primara Ventures receiving payments.
Mutuku acquitted the accused on all the graft charges leveled 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 faulted trial courts findings since the payment to primara ventures was illegal.
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.