Former Tourism Cabinet Secretary Najib Balala was on Friday, December 22 arraigned, facing corruption charges for allegedly abusing his office while serving in the ministry.

Balala, who appeared before Malindi Chief Magistrate Joseph Mwaniki, was charged alongside his former Principal Secretary Leah Gwiyo and 82-year-old Joseph Odero. They all denied the charges.

Balala and his former PS were released on a KSh5 million bond each with a surety of a similar amount or KSh1 million cash bail after pleading not guilty to the charges of alleged corruption deals amounting to KSh8.5 billion for the construction of the Multi-Billion Ronald Ngalla Utalii College.

The court also ordered Odero to be released on a KSh3 million bonds with a surety of a similar amount or KSh800,000.

Those facing the charges are 17 but only the three had been arrested. The ODPP told the court that two others had been arrested and asked the court to issue summons against the others who are still at large.

Balala’s charges

Balala and Gwiyo were charged that on December 13 2010 within Mombasa county being the Minister and PS respectively in the Ministry of Tourism and Wildlife jointly used their offices to improperly confer a benefit to baseline Architects Limited Ujenzi consultants, Armitech consulting engineering and Westconsult consulting Engineers by resolving to engage private consultants against a cabinet decision which led to the irregular payment of Sh. 3.368,494,779.63 paid to the said firms.

The Payment was reportedly made in respect of a request for proposal number CDTLT/003/2011-2012 for consultancy services for the design documentation supervision and contract management of the proposed Ronald Ngalla Utalii College(RNUC).

Others who are facing charges but are still at large include Allan Wafula, Joseph Rotich, Norah Mukuna, Eden Odhuiambo Ruth Wanyangu, Flora Ngina, Joseph Karanja, Nancy Siboe, George Muya, Morris Gitonga, Dominic Motanya, Baseline Architects, Rebman Malala T/A Ujenzi consultants, James Mwangi Wairagi T/A Armitech consultanting EngineeringEnginers and Joseph Odero T/A WestConsult Engineers.

Joseph Odero’s charges

On his part Odero who is a consultant with West Consullt Engineers was charged with unlawful acquisition of public property.

The Consultant was charged that between May 15 2012 and February 28 2022 within Nairobi county being the Managing partner in West Consuolt Engineers he unlawfully acquired public property wotth Sh. 292,467,940 .69 from Tourism Funds formerly Catering and Tourism Development Levy ZTrustees by raising fee notes constituting amounts which were excess in the works done in respect of request for proposal number CTDLT/003/2011-2012.

The money was paid for consultancy services for the design documentation, supervision and contract management of the proposed Ronald Ngalla Utralii College which resulted to excess payments being made by the consultants, according to the charge sheet.

Summons for suspects at large

The Court also issued summons for those suspects still at large and set the case for mention on December 28

Earlier, Balala and the former PS’s lawyers Tawfiq Balala and Maurice Kilonzo asked the court to give a reasonable bail to their client

“The accused person 1 (Balala) has been a long serving member of Kenya’s political landscape for a long time, public servant as minister and cabinet Secretary over the years after his last position he has retired,” said Balala.

The lawyer said Gwiyo has also been a long serving public servant and ask court to take note of that adding that the court should not be swayed by amount mentioned in the charge as they did not benefit in person.

“The accused persons are both residents in Kenya. Number 1 (Balala) in Kilifi and no 2 (Gwiyo) in Nairobi and are both not flight risk, they will avail themselves to court whenever they are required,” he argued.

On his part Kilonzo also asked for reasonable bond terms and the prosecution provide them with all the witness protection and documentary evidence they will use during trial and copies and excerpts of investigation diary including the recommendations of the EACC to the ODPP calling for arraignment of them to court

Lucky Minyazi, the lawyer representing Odero, said her client was a sickly man with a hearing aid and asked court to consider reasonable bond.