Former CS Balala, others acquitted of corruption charges by Malindi court

Former Tourism CS Najib Balala and 16 others have been acquitted of corruption charges by a Malindi court.

This decision followed an application by the Office of the Director of Public Prosecutions (ODPP) to have the accused persons discharged.

In a letter dated July 31, 2024, the ODPP directed the discontinuation of the proceedings, citing incomplete investigations and lack of full disclosure. The ODPP argued that the time required to finalise the investigations was uncertain.

Delivering the ruling, Malindi Chief Magistrate James Mwaniki allowed the application by the ODPP to withdraw the case. The Magistrate ordered the accused persons to be discharged under section 87(a) of the Criminal Procedure Code.

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"Any cash bail deposited in court is to be released to the depositors, and any security documents deposited in court are to be released back to the sureties, who are hereby relieved of their obligations," ordered the Magistrate.

He reiterated that the withdrawal of the charges, as sought by the ODPP, cannot be considered an abuse of court process.

The Magistrate noted that while the withdrawal amounts to a discharge, any decision by the ODPP to institute subsequent proceedings against the accused persons on the same facts could be interpreted as an abuse of the court process for the reasons stated above.

The individuals were apprehended last year in connection to the payment of Sh3.3 billion meant for the construction of Kenya Utalii College in Kilifi.