Tharaka Nithi Governor Muthomi Njuki’s Sh34.9 million fraud case will now be heard in Embu Law Courts.
According to High Court Judge Justice James Wakiaga, the Governor should have been charged in the place where the alleged offense took place.
“Matters of this nature ought to be filed in local courts for citizens to hear the charges that their immediate letters have been charged with,” ruled the judge.
Wakiaga directed that the matter be mentioned on November 16, 2021 and that all the accused persons in the case attend court proceedings.
Njuki’s corruption case was in January transferred to the High Court judge to decide on issues arising over the jurisdiction and whether criminal procedure code is applicable when dealing with anti-corruption matters.
This is after the defence lawyers said the Director of Public Prosecution should have charged the suspects in Embu, Meru or Tharaka Nithi to cut down their expenses.
Njuki and 20 others were charged with conspiracy to defraud the county government of Sh34 million through an unprocedural tendering process.
He is also accused of the irregular award of a Sh34.7 million solid waste incinerator tender.
The State says the county government paid Sh34.9 million to Westomax Investment Limited (supplier) which Njuki and his wife are said to be directors of Generations Electronics Limited, which imported the incinerator, and together with business associates, transferred it to Westomax Investment Limited.
The Governor, his wife, nephew Allan Gitonga, brother-in-law George Mugweru and other co-accused persons pleaded not guilty to the charges of embezzlement of public funds.
Those charged with conspiracy to commit an offence of corruption include; Chief Environment officer Fridah Murungi, acting Procurement director Floridah Kiende, Finance officer Highton Murithi, Finance officer Teresia Kagoji, Arch Lee Mwenda of Department of Roads, Mike Mwiandi, an accountant and procurement officers Japhet Mutugi and Emily Nkatha.
The State claims between January 1 and October 31, 2018, they jointly conspired to embezzle public funds. The governor was separately charged with conflict of interest.
Offences are alleged to have been committed at two jurisdictions; Tharaka Nithi and at Consolidated Bank Embu branch.
