The Mombasa Anti-Corruption Court has issued summons for the former Mandera MP, to appear before it and respond to corruption charges brought against him by the Ethics and Anti-Corruption Commission (EACC).
EACC asserts that Adan Haji Ali Sheikh, the former Mandera South MP, is being sought for arraignment concerning corrupt practices involving Sh51.45 million during his tenure as the County Executive Committee (CEC) Member for Tourism at the County Government of Kwale from 2013 to 2017. The commission claims that Adan, who is currently evading arrest, is ordered to appear before the court on February 13, 2024.
According to EACC, the suspect allegedly went into hiding after the Director of Public Prosecutions (DPP) concurred with EACC’s recommendations in December 2023 to apprehend and charge him under the Anti-Corruption and Economic Crimes Act of 2003.
EACC’s investigations revealed that Adan Haji Ali Sheikh utilized his hotel facility to provide accommodation and conference services to the County Government at inflated costs. The hotel was reportedly managed by the suspect’s wife and son as directors.
EACC pointed out that the suspect failed to declare a conflict of interest during the tendering process, thereby contravening the Anti-corruption and Economic Crimes Act of 2003.
“He also never disclosed his private interest to the employer during the tendering and award process, thus engaging in a conflict of interest contrary to the law,” stated EACC in a Monday statement.
Section 42(3) of the Anti-corruption and Economic Crimes Act of 2003 stipulates that an agent of a public body who knowingly acquires or holds, directly or indirectly, a private interest in any contract, agreement, or investment connected with the public body is guilty of an offence.
Additionally, Section 48 outlines that a person found guilty of an offence involving corruption is liable to a fine not exceeding one million shillings or imprisonment for up to 10 years, or both. Furthermore, an additional mandatory fine is issued if the person received a quantifiable benefit or another person suffered a quantifiable loss as a result of the conduct constituting the offence.
