Ex-Mandera MP to face Sh51 million graft charges

The Mombasa Anti-Corruption Court has ordered a former Mandera MP to appear before it to answer corruption charges against him.

According to the Ethics and Anti-Corruption Commission (EACC), former Mandera South MP Adan Haji Ali Sheikh is wanted by EACC for arraignment over corrupt dealings involving  Sh51.45 million that he executed at the County Government of Kwale when he served as the County Executive Committee (CEC) Member for Tourism between 2013 and 2017.

Adan, who EACC said is on the run and evading arrest, has been ordered to appear before court on February 13, 2024.

According to the anti-graft agency, the suspect is believed to have gone into hiding after the Director of Public Prosecutions (DPP) in December 2023 concurred with recommendations of EACC to apprehend and charge him under the Anti-Corruption and Economic Crimes Act, 2003.

Exaggerated costs

Investigations conducted by the commission revealed that the suspect used his hotel facility to provide accommodation and conference services to the County Government at exaggerated costs.

The hotel was run by the suspect's wife and son as directors.

Failing to declare a conflict of interest during the tendering process, EACC noted that the suspect was found to have contravened the Anti-corruption and Economic Crimes Act, 2003.

"He also never disclosed his private interest to the employer during the tendering and award process, thus engaging in a conflict of interest contrary to the law," EACC said in a statement on Monday.

Section 42, (3) of the Anti-corruption and Economic Crimes Act, 2003, states that an agent of a public body who knowingly acquires or holds, directly or indirectly, a private interest in any contract, agreement or investment emanating from or connected with the public body is guilty of an offence.

Section 48 further adds, that a person who is found guilty of an offence involving corruption, is liable to a fine not exceeding one million shillings, or to imprisonment for a term not exceeding 10 years, or both.

Further, an additional mandatory fine is issued if, as a result of the conduct that constituted the offence, the person received a quantifiable benefit or any other person suffered a quantifiable loss.