By: ABDIMALIK HAJIR
The Garissa High Court on Tuesday barred an ad-hoc committee from tabling a report on the investigation of a senior county government official over misappropriation of public funds.
Hajir Mohamed Dahiye, the county executive committee member for livestock and pastoral economy obtained a court order restraining the county assembly, its agents and the ad-hoc committee from tabling any report relating to him until the application he filed is heard and determined.
Mr Dahiye claims he was never given fair hearing by the ad-hoc committee investigating him over alleged loss of millions of shillings when he was county executive committee member for trade.
“The applicant was never accorded the right of representation and/or right to be heard either by himself or by an advocate before the ad-hoc committee investigating the said matter, contrary to the doctrines of natural justice and further against the right to be heard as espoused in the constitution of Kenya,” read the legal document he filed in Garissa High court.
At the same time, he said in his submission before High Court judge George Dulu that he was apprehensive that if the report is tabled before the county assembly, his name will suffer damage since he is an honourable and respected member of the society, rendering his application nugatory unless the case is heard forthwith and Ex parte in the first instance.
The ad-hoc Committee, according to its chairman and Jarajila Ward Representative Mahat Osman, was formed to investigate the official for the period his department was handling collection of revenue after members failed to get satisfactory answers from him.
CERTIFICATE OF URGENCY
Garissa High Court judge George Dulu granted interim stay against tabling of the report till it is mentioned on December 2, 2015. At the same time the court ordered the respondent (the county assembly) to be served with the application.
Other senior Garissa County government officials who have since appeared before the committee include Deputy Governor Mr Abdullahi Hussein, county secretary Mr Mohamud Mursal, trade chief officer Mr Mohamed Daud and his revenue counterpart Mr Abdullahi Omar.
In his application that was filed under certificate of urgency, Mr Dahiye said he intended to fly out of the country on November 24, 2015 for an official duty and as such he sought to be given more time before appearing before the said committee.
Other documents filed before the court, said he had established a witch hunt from the executive.
Osman said the report was to be tabled and deliberated upon by members of the County Assembly on Tuesday afternoon.
He however, declined to disclose the contents of report until it is tabled before the house. But sources within the county assembly told the Nation that the committee recommended Governor Nathif Jama sacks officials implicated in the alleged mishandling of public funds.
The source, who spoke to the Nation on condition of anonymity, said the committee has also recommended the Ethics and Anti- Corruption Commission and Director of Public Prosecution to intervene and charge the officials over misuse of public funds.
SOURCE: DAILY NATION