Former Tourism CS Najib Balala released on Ksh.1M bail

Balala was arraigned at Malindi Law Courts in relation to a Ksh.8.5 billion deal for the construction of the Ronald Ngala Utalii College. 

Balala who appeared before Malindi Chief Magistrate Joseph Mwaniki was charged alongside his former Principal Secretary Leah Gwiyo and Joseph Odero. 

The accused pleaded not guilty to abuse of office, irregular procurement charges. 

The Court ordered Odero to be released on a Ksh. 800,000 bail or a Ksh. 3 million bond with a surety of a similar amount, and Gwiyo released on Ksh. 1 million cash bail or Ksh. 5 million bond. 

Those facing the charges are 16 but only the three, who were arrested by Ethics and Anti-corruption Commission (EACC) on Thursday night, were arraigned in court. 

The accused persons arrived at the Malindi law courts in government vehicles, and there was heavy security guarding the premises.

In the first count 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 done in respect of request for proposal number CDTLT/003/2011-2012  for consultancy services for the design documentation supervision and contract management of the proposed Ronald Ngala Utalii College(RNUC).

On the Second count, the former CS and PS were charged that between July 1 2012 and June 30 2013, at the Catering Tourism and Development Levy Trustees offices within Nairobi County willfully failed to comply with the law relating to procurement to wit Section 26(3)(a) of the Public Procurement and Asset Disposal Act 2005 by approving payment of a sum of Kshs. 159,361,444.00 which was not within the approved budget for financial year 2012/2013. 

The Court also issued summons for those suspects still at large and set the case for mention on December 28, 2023.