Ex-Tourism CS Najib Balala Released, Hours After Arrest
Balala denied corruption charges relating to the illegal payment of Ksh8.5 billion for setting up a satellite Utalii College in the coastal region.
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Former Tourism, Wildlife, and Heritage Cabinet Secretary Najib Balala has been released hours after he was arrested by the Ethics and Anti-Corruption Commission (EACC) detectives.
Malindi Chief Magistrate James Mwaniki on Friday, December 22 released Balala on a Ksh1 million cash bail or an alternative Ksh5 million, bail terms which were unopposed by the prosecution.
Balala denied corruption charges relating to the illegal payment of Ksh8.5 billion for setting up a satellite Utalii College in the coastal region.
He, alongside former Permanent Secretary Leah Gwiyo, was alleged to have decided to engage private consultants against a Cabinet decision, resulting in the irregular payment for consultancy services for the design, documentation, supervision and contract management of the proposed Ronald Ngala Utalii College.
Former Tourism CS, Najib Balala. /FILE
They were accused of using their positions as CS and PS to corruptly give a benefit (pay the money) to Baseline Architects Ltd, Ujenzi Consultants, Armitech Consulting Engineering and Westconsult Consultant Engineers for consultancy services.
The court heard that the offence was committed in Mombasa on December 13, 2010.
Joseph Odero, a managing partner at Westconsult Engineers, denied fraudulently obtaining Ksh292.4 million from the Tourism Fund, formerly Catering and Tourism Development Levy Trustees.
Odero is alleged to have unlawfully acquired the money by issuing fee notes for amounts over the work done in respect of the tender for consultancy services for the design, documentation, supervision and contract management of the proposed Ronald Ngala Utalii College, resulting in overpayment by the Tourism Fund.
The offence is alleged to have been committed in Nairobi between May 15, 2012 and February 28, 2022. Odero was released on a Ksh3 million bond with a surety of the same amount or an alternative Ksh800,000 cash bail.
The court granted bail terms to all the accused as it found that none of them posed a flight risk and that there were no aggravating factors to deny them bail.
Senior Assistant Director of Public Prosecutions Peter Kiprop did not oppose the release of the accused on bail and undertook to ensure that the defence is provided with the documents they intend to rely on in the prosecution of the case.
However, he opposed the defence lawyers' request to be provided with communications between the prosecution and EACC relating to the case.
The case has been set for mention on December 28, 2023, when other suspects who have been arrested and are in custody are expected to be brought before the court to enter pleas.
"The commission has been taking operation and this is after EACC received the concurrent from the Director of Public Prosecution to apprehend and arraign before the court the suspects in this Utalii case. This is a case where the suspects are alleged to have engaged in procurement fraud for the construction of Utalli College, Coast Branch," EACC spokesperson Eric Gumbi stated following Balala's arrest.
Gumbi further noted that 13 other accused persons have been directed to surrender and record statements on their alleged involvement in the scandal.
Balala was the longest-serving Minister in the Kenyan Government having served 25 years in service, with 17 years as a Minister, of which 12 years as the Minister of Tourism.
