DPP withdraws case against former NYS boss

The Director of Public Prosecutions (DPP) has withdrawn a graft and abuse of office case against former National Youth Service (NYS) Director General Nelson Githinji and two others.

Senior Principal Magistrate Lucan Onyina granted the application to have the matter withdrawn after the prosecution told the court that they had received instructions from the DPP to withdraw the matter.

The DPP on Wednesday, said in accordance with a previous Court of Appeal ruling, the Ethics and Anti-Corruption Commission (EACC) was not well constituted when it probed the case in which Mr. Githinji is accused of using public funds (Ksh.497,355) to service his private vehicle.

“The withdrawal of corruption charge against NYS DG Githinji is part of 125 corruption cases affected by Court of Appeal decision in Former transport Cabinet Secretary Michael Kamau’s case,” said the DPP. “The Court of Appeal ruled that EACC was not properly constituted due to absence of commissioners and all cases investigated and forwarded to the DPP during that period were invalid and unlawful.”

In July 2017, a three judge bench of the Court of Appeal permanently quashed Eng. Kamau’s prosecution saying: “It is our finding that the Ethics and Anti-Corruption Commission (EACC) was not properly constituted at the time it forwarded Engineer Kamau’s name to the Director of Public Prosecutions (DPP) while recommending his prosecution.”

Tobiko, however, said the 125 cases would be sent back for reconsideration.

“Court of Appeal however said the cases can be sent back to EACC since it is now properly constituted for review and re-submission. ODPP is therefore withdrawing the cases and sending them back for reconsideration in compliance with the court decision,” the DPP said.

Githinji had pleaded not guilty to criminal charges alongside Chief Inspector of NYS Nicholas Juma Makokha and Senior Superintendent Mechanic at the institution Geofrey Kimani Kiriha.

The prosecution had alleged that on June 4, 2014 at NYS headquarters in Ruaraka, Nairobi, Githinji used his office as director to improperly confer a benefit of Ksh.497 , 355 to himself as cost for repair of his private vehicle. Makokha was accused of also using his office as inspector of NYS and personal assistant to Githinji to facilitate the repair of the vehicle.