Municipal technician received graft cash in a local bar,
court told
by Matilda Kirenga
Thirty-four-year-old Hussein Suleiman Mshana, a technician with the Arusha
Municipal Council who is facing corruption charges appeared before the Resident
Magistrate's Court of Arusha on February 14, where formal charges were pressed
against him.
A public prosecutor from the Prevention of Corruption Bureau (PCB), Allan
Kasamala presented in court a memorandum of facts with 20 points that
consolidate to criminal case No. 42 of 2005.
The memorandum of facts are made under Section 192 of the CPA of 1985 and
culminates to accuse Mshana of soliciting and receiving a bribe of Tsh.100,000
from a road contractor.
The following were stated in court. That:
* Samwel Samson Mweta is a contractor residing with Kisongo Building Contractors
and hereinafter to be referred to as the complainant.
* On the 6/09/04 Kisongo Building Contractors did enter into a contract with
Benchmark Investment Company Ltd for the repairing of Sinoni primary school road
within the Municipality of Arusha.
* Hussein Suleiman Mshana is a Technician with the Arusha Municipal Council and
therefore an Agent within the meaning of the Prevention of Corruption Act No. 16
of 1971.
* Kisongo Contractors were sub contracted by Benchmark Ltd to repair the Sinoni
1 Road using LPO Number 06338 worth Tsh.2,880,000.
* On completion of the said task Hussein Suleiman Mshana herein to be referred
to as the accused did inspect the road.
* Upon the inspection, the accused did to his satisfaction sign Delivery Notes
20 of 6/10/04, number 21 of 7th /10/04, number 22 of 8/10/04, number 23 of
9/10/04 and 24 of 10/10/04 all of which amount to Tsh.2,880,000.
* Upon such completion the Municipal Council was to prepare for the payment in
favour of Kisongo Contractors Ltd.
* There was an unexplained delay in the preparation of the said payments.
* Upon being aggrieved by the said delay the complainant did on the 31/12/04
make a formal complaint to the Municipal Engineer one Simon Ngagani.
* Eng. Ngagani did direct the complainant to see the accused person for further
instructions.
* On seeing the accused, he Hussein Suleiman Mshana did corruptly solicit for
the sum of Tsh.100,000 from the complainant demanding it to be brought to him on
the 04/1/2005 as an inducement to have the Municipal Council to effect the
payment a matter which relates to the affairs of his principal.
* On the 3rd /01/05 around 3pm the accused did make a remainder through the
phone to the complainant to deliver the said money on the said 4th /01/05.
* On the 3rd /01/05 the complainant reported the matter to PCB Arusha.
* On the 4/01/05 PCB officers handed over Tsh.100,000 trap money to the
complainant as a bait to trap the accused person.
* On the same day and date the accused directed the complainant to visit a new
site around Ngusero area and report back to him at the Municipal offices.
* The accused further directed the complainant to meet him at YMCA area at a bar
called Arusha South.
* While at Arusha South Bar the accused did receive the said trap money
Tsh.100,000 as an inducement to have the Municipal Council process payments to
Kisongo Contractors Ltd a matter which relates to the affairs of his principal.
* Upon receiving the said money the accused person was arrested by Officers of
PCB.
* The numbers on money received tallied with said numbers on the special form.
* Upon the completion of the investigation the accused was arraigned before the
court of law charged with the offence under Sect. 3(1) of PCA No. 16 of 1971.
The republic intends to produce 18 witnesses and 10 exhibits. The next mention
of the case is January 23 and hearing is expected to start on March 3, this
year.
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