Former Acting Chief Executive Officer of the National Water Harvesting and Storage Authority, Eng. Geoffrey K. Sang, has challenged his arrest and intended prosecution.
Sang argues that state agencies violated his constitutional rights during investigations.
The Geoffrey Sang intended prosecution case now awaits determination at the High Court in Machakos.
Sang challenges arrest and investigations
Sang filed Petition No. 19 of 2020 at the High Court in Machakos.
He accuses the Directorate of Criminal Investigations (DCI), the Director of Public Prosecutions (DPP), and other agencies of abusing the criminal justice system.
Sang says officers arrested him on April 24, 2020, while he worked at his office.
He claims officers took him to the DCI headquarters for questioning over alleged hiring and procurement issues.
Sang says the officers did not issue any summons or provide documents explaining the allegations.
Former CEO denies wrongdoing
Sang argues that the allegations against him lack a legal basis.
He says the people he allegedly hired irregularly never appeared on the Authority’s payroll.
He also claims that one of the individuals mentioned in the allegations had already died.
According to Sang, internal disputes within the Authority influenced the investigations.
He argues that the planned abuse of office charges do not relate to any criminal conduct.
Sang raises constitutional rights concerns
Sang claims investigators violated his privacy and property rights.
He says officers seized his mobile phones and laptop without obtaining a warrant.
The former CEO argues that authorities cannot use evidence collected through unlawful procedures.
He also claims officials leaked details of his arrest to the media before charging him.
Sang says the leak exposed him to public judgment and affected his right to a fair hearing.
Dispute over removal from office
Sang has also challenged the actions of the Authority’s Board.
He accuses the Board of planning his removal from office.
Sang says the Board held a special meeting on April 28, 2020, and revoked his appointment as Acting CEO.
He claims the Board excluded him from the meeting despite his position as Board Secretary.
According to Sang, the process breached governance rules.
DPP opposes the petition
The DPP has opposed Sang’s petition.
The prosecution argues that Sang filed the case too early because authorities had not decided whether to charge him.
The DPP says the Constitution gives prosecutors independent powers to make charging decisions.
The prosecution also maintains that police have a legal duty to investigate suspected offences.
Board defends its decision
The Authority’s Board has defended its actions.
It cites concerns over alleged procurement irregularities, including a KSh231 million dam project in Turkana County.
The Board says Sang’s removal protected public funds and promoted accountability.
Court to determine legality of process
Sang wants the court to stop any prosecution arising from the investigations.
He argues that the process violates the Constitution and amounts to an abuse of power.
The case will determine whether investigative and prosecutorial agencies acted lawfully.
It will also examine whether administrative disputes can lead to criminal proceedings.
