Prishtina — The Court of Appeals has modified a prior decision of the Basic Court in Prishtina and ordered criminal proceedings to continue against former Kosovo Energy Corporation (KEK) chief executive Nagip Krasniqi on multiple counts. In a ruling dated 23 September 2025, the appellate panel confirmed the Special Prosecution of the Republic of Kosovo (SPRK) indictment and directed the case to move forward to a full trial review hearing under the Criminal Procedure Code.
According to the indictment, Krasniqi—while serving as KEK’s CEO—together with Ymer Dragusha (acting director of KEK’s procurement office) and Isuf Zejna (representative of “Rexhepi Zeqiri Zejna L.L.C.”), is alleged to have caused approximately €37 million in damage to the state budget through a series of procurement-related actions. The charges against Krasniqi include four counts of “Abuse of Official Position or Authority” in co-perpetration, one additional count of Abuse of Official Position, and one count of “Disclosure of Official Secrets.” Dragusha faces related abuse-of-office counts, while Zejna is charged with aiding abuse of office in connection with a negotiated procurement for legal consulting services.
The Appeals Court rejected defense appeals filed on behalf of Krasniqi (by attorney Virtyt Ibrahimaga) and Zejna (by attorney Artan Qerkini) as unfounded, while granting the Special Prosecution’s appeal. In doing so, the court changed the Basic Court’s 23 April 2025 decision (PS.nr.111.2024), which had partially upheld the defense motion to dismiss and had dropped the “Disclosure of Official Secrets” count against Krasniqi and re-qualified the remaining counts into a single continuing offense of abuse of office. The appellate panel held that such re-qualification at this preliminary stage was premature and procedurally improper in a joint case involving alleged co-perpetration.
The appellate reasoning emphasizes that case files and materials provide sufficient grounds for well-founded suspicion that the offenses charged may have been committed, warranting continuation to trial where evidence must be administered and tested. The panel specifically disagreed with the Basic Court’s dismissal of Count VI (Disclosure of Official Secrets), noting that the issue should be adjudicated after a full evidentiary hearing rather than removed at the preliminary phase.
Among the procurement episodes detailed in the indictment are:
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The “Emergency Capital Overhaul of Boiler A5” process, where the indictment alleges irregular use of a negotiated procedure, exclusion of competing operators, and acceptance of conditions favorable to “Litwin S.A.” despite committee findings that tender requirements were not met. The alleged fallout included extended outage of Block A5 (19 July 2022–6 May 2023) and electricity imports totaling 890,016 MWh, with claimed losses exceeding €36.3 million.
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A negotiated procurement for legal consulting services, where the prosecution alleges pre-coordination of terms of reference with Zejna and the awarding of a €60,000 contract to “Rexhepi Zeqiri Zejna L.L.C.” contrary to public procurement recommendations to use an open procedure.
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The “Sliding Plates for PF coal mill channels” tender, in which prosecutors allege preferential treatment of “Ergotem S.A.” (Greece), including advance disclosure and subsequent reduction of the required bank guarantee from 50% to 15% before signing a €1.62 million contract.
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A negotiated tender involving “TUV Hellas” for supervisory and technical services tied to dilatation works at Kosova B units, where the indictment alleges pre-selection, pressure on KEK officials, and lowering of the bank guarantee from 50% to 10% leading to a €628,425 contract.
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A separate incident involving “Bahri Asllan & FAM” regarding extra works on excavator E9, where the prosecution claims an annex valued at €279,664.72 was concluded in a manner that discriminated against another operator (“Takraf”) and caused additional damage.
On the Disclosure of Official Secrets count, the indictment claims Krasniqi shared non-public information related to KEK procurement processes and energy matters during 2022–2023 via messaging applications (including WhatsApp and Signal) with Dejona Mihali, a person not holding public office. Items referenced include tender details, pricing tables of bidders, internal agendas and terms of reference, and communication about energy export data and emergency energy measures.
Notably, in the initial hearing on 7 February 2025, defendants Krasniqi and Zejna pleaded not guilty. Co-defendant Dragusha entered into a plea agreement, admitting to four co-perpetrated abuse-of-office counts; pronouncement of his judgment has been postponed pending the outcome of the joint proceedings.
The Appeals Court ruled that the defense grounds—including assertions of insufficient evidence and challenges to the lawfulness of seized materials—do not justify dismissal at this stage. It held that the indictment is lawful and procedurally compliant, and that all contested materials should be examined at trial, where the defense will have full opportunity to challenge the prosecution’s evidence. Consequently, the case returns to the Basic Court for scheduling of the main trial and administration of evidence.
Editor’s note: The individuals named in this article are presumed innocent unless and until proven guilty by a final, binding court judgment.
