- Three petitions have been filed in court and an order is in place stopping CS Industrialisation Moses Kuria from gazetting Otieno.
- Otieno argues that the petitioners who filed the case against him are misleading the court.
Image: FILE
Ezekiel Otieno has denied being involved in corruption and economic crimes and wants the court to allow him take office as the chief executive officer of the Export Processing Zone.
In response to a case filed against him, Otieno says he has never been charged or convicted by any court of law on any offence relating to bribery, corruption or economic crimes.
He says a person can only be barred from holding public office under either the Anti-Corruption and Economics Crimes Act or the Bribery Act, 2016.
Both provide that a person who is convicted of an offence involving bribery, corruption or economic crimes shall be disqualified from being elected or appointed to hold a state office or a public office for a period of not more than ten years after conviction.
Otieno argues that the petitioners who filed the case against him are misleading the court in alleging that he was involved in an unlawful transfer of Sh180.8 million from the Youth Enterprise Development Fund without the provision of any services.
Three petitions have been filed in court and an order is in place stopping CS Industrialisation Moses Kuria from gazetting Otieno as EPZ boss.
The cases were filed by Isack Guyo, Willies Oloo and Duncan Odero. They have since been consolidated and are being heard as one as they raise similar issues.
The petitoners have cited integrity issues as the sole reason Otieno's appointment should not be permitted.
Odero in his court documents claims Otieno has been involved in corruption and should be kept away from public coffers.
He cites a decision by the then head of the High Court anti-corruption division Justice Hedwig Ong’undi dated September 21, 2018 that found Otieno to have embezzled Sh8.8 million. He was ordered to forfeit the money.
Otieno in a rejoinder says that order did not amount to a criminal conviction.
He says he played no role in the management, ownership or membership of Quorandum Limited Company, but in March 2015 he approached Mukuria Ngamau to assist him financially. Ngamua, he says, was a director of Quorandum and his friend.
He explains he had personal and financial constraints and demanding family medical obligations that he was not able to meet.
Ngamau loaned him Sh8.7 million. The money was sent to him in five tranches from March 6 to May 25, 2015.
The loan, he says, was to be repaid in 36 equal instalments after the agreed grace period of 18 months.
“I can confirm that my financial dealings with Ngamau were purely personal assistance and not in any way from any business dealings,” eh says.
But the Public Investments Committee after undertaking an inquiry into allegations of fraud at YEDF recommended that the DCI investigate Otieno.
The Assets Recovery Agency subsequently instituted civil proceedings against him. A forfeiture order was granted. Otieno says that order did not amount to a criminal conviction.
“There were no adverse findings by the High Court to the effect that I had participated in pilferage of money from the YEDF. The DPP did not also prefer any charge against me with respect to the pilferage of public funds from the YEDF," he says
He argues the prayers sought by the petitioners are unfair and will only serve to infringe on his right to work for the EPZ as the CEO having emerged the successful candidate for the position.
Justice Mugure Thande was to hear the case Monday but the matter was pushed to October 23 as the jJudge was absent.