The Ethics and Anti- Corruption Commission, (EACC), says it has ample evidence to arrest and prosecute former National Youth Service (NYS) officials.
The commission filed an application seeking to set aside the high court orders barring the arrest of former National Youth Service (NYS) chairman of the ministerial tender committee Hassan Noor and Deputy Director general Adan Harakhe..
EACC said that it has sufficient evidence collected during investigations which warrants the arrest and prosecution of the two.
In a sworn affidavit by a forensic investigator with the anti-graft body, Mark Ndiema, the purposed prosecution is not motivated by abuse of legal process.
He also pointed out that Noor and Harakhe have not been able show that there was any improper procedure in the process of coming to the decision to arrest them.
“Matters raised by the applicants can only be canvassed at the trial court.” said Ndiema.
The court also heard that the anticipated prosecution was factual-based and there was enough evidence that meets the threshold of a prima facie case to prosecute the two for a criminal offence.
Ndiema further said that investigations found that the procurement of the training materials was not in the 2014/2015 annual procurement plan; an offence the two are facing.
The high court last week barred the arrest and prosecution of the two, pending the hearing and determination of their application.
CAPTION: