Court allows DPP to withdraw charges against Shollei

Uasin Gishu Woman Representative Gladys Shollei. A court has allowed the DPP to withdraw abuse of office and graft charges against the former Registrar of the Judiciary. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Charges of graft, failing to comply with procurement laws and abuse of office were withdrawn.
  • They were accused of failing to seek approval from the tender committee to conduct pre-contract negotiations.

Former Chief Registrar of Judiciary Gladys Shollei and seven other people were Monday freed by a Nairobi court after the prosecution withdrew corruption charges against them.

Director of Prosecutions Keriako Tobiko wrote to Senior Principal Magistrate Felix Kombo, withdrawing the charges of graft, failing to comply with procurement laws and abuse of office.

EACC

The DPP’s move was informed by a recent Court of Appeal decision, which stated that cases brought by the Ethics and Anti-Corruption Commission (EACC) between May 2015 and June 2016, when the anti-graft body had no commissioners, were illegal.

The appellate court stated that in the absence of the commissioners, the secretariat on its own could not purport to execute and perform the core functions of the EACC as the agency was not properly constituted.

Ms Shollei, now the Uasin Gishu woman representative, had been charged together with her former deputy Kakai Kissinger, former director of supply chain management Martin Otieno Okwata, former director of finance Benedict Abonyo Omollo and tender committee members Wycliffe Wanga Ombunde, Nicholas Moturi Okemwa, Nicholas Mbeba and Thomas Oloo Atak.

PROCUREMENT
They had been accused of failing to comply with procurement law on tenders for the construction of pre-fabricated court buildings in Mavoko, Runyenjes, Tawa and Garsen.

They had also been charged with failing to comply with procurement laws while buying the Chief Justice’s house in Runda.

The house was bought from former Machakos Senator Johnson Muthama.

The charges stated that between April 16 and 30, 2013, being the accounting officer of the Judiciary, Ms Shollei used her office to improperly confer a benefit to the company by executing a contract and approving Sh310 million for the buying of the house, without complying with the public procurement and finance procedures.

PLANNING
The second count states that between October 5, 2012 and June 3, 2013, the accused failed to comply with the law relating to the management of funds by not ensuring that the purchase of the house was done in an effective, efficient, economical and transparent manner.

They were also facing charges of engaging in a project without prior planning.

The cases were being heard by two different magistrates but in one court, witnesses had testified.

CONTRACT
On the pre-fabricated court houses, they were accused of offering the tender to Timsales Ltd, in breach of procurement laws.

They were accused of failing to seek approval from the tender committee to conduct pre-contract negotiations.

They were also accused of varying terms and conditions of a contract without approval from the committee.