DPP withdraws graft charges against 11 NYS suspects


Director of Public Prosecutions Noordin Mohamed Haji
Director of Public Prosecutions (DPP) Noordin Mohamed Haji. PHOTO/FILE

In Summary

  • This emerged on Monday as the case up for hearing before Milimani Court Principal magistrate Peter Ooko where charges were read afresh to the remaining suspects.
  • The DPP, however, told the court that should there be new evidence against the discharged persons, they can be rearrested.

The Director of Public Prosecutions (DPP) has with withdrawn corruption charges against 11 suspects linked to the second National Youth Service (NYS) scandal for lack of evidence.

This emerged on Monday as the case came up for hearing before Milimani Court Principal magistrate Peter Ooko where charges were read afresh to the remaining suspects.

The Prosecution, through State Counsel Vera Hamisi, asked Magistrate Ooko to withdraw the charges against the suspects saying they did not play any role in the loss of Ksh.60.5 million from the agency.

Charges against former NYS Deputy Director General Sammy Michuki, Rodgers Nzioka, Simon Kanyi, Steven Riungu, Josephat Njoroge, Lucas Otieno, Timothy Kiplagat, Charles Makau, Jackson Matego Juma, Humphrey Odhiambo, Bernard Masika were withdrawn under Section 87 A of the Criminal Procedure Code (CPC); this, however, means that should the state get any evidence implicating them in the case then they will be brought back before the court for prosecution.

The withdrawn charges are in respect of three out of the 10 cases that were filed in court when they first appeared in late May 2018.

At the same time former Youth and Gender Principal Secretary (PS) Lilian Omollo, former NYS Director General Richard Ndubai, three companies and 28 others pleaded to the charges afresh.

Ms. Omollo, Mr. Ndubai and several former public officials are accused that they conspired to commit an economic crime by allowing the payment of Ksh.60, 598,800 to three companies, namely; Arkroad Holding Limited, Ersatz Enterprises and Kalabash Road Supplies.

They are alleged to have committed the offences on diverse dates between April 6, 2016 and May 13, 2017 within the Republic of Kenya.

The 49 fresh charges ranged from conspiracy to commit an economic crime, abuse of office, willful failure to comply with procurement rules, neglect of official duty, fraudulent payments to companies that did not supply goods, making false documents and breach of public trust.

Ms. Omolo and Mr. Ndubai have two other cases pending before different courts relating to the payment of Ksh.167,715,700 to three companies – Firstling Limited, Kunjiwa Enterprises, and Ameritrade Limited – and Ksh.226.9 million to companies connected to the Ngirita family.

The two were charged alongside Sammy Mbugua, Michael Wesley, Evans Isaac Wafula, Peter Muvuti, Humphery  Wainaina Mbogo, Clement Karoki,  Peter Muthomi, George Otieno, Peter Mahugu, Sophy Karimi among others. The accused persons will remain on their earlier bond term of Ksh.5 million each.

The case was slated for hearing but was adjourned to Tuesday January 8, 2019 as two of the co-accused persons were absent.

Magistrate Ooko however issued summons for the two – Steve Macharia Kinene and Samuel Otieno – to appear in court and answer to the charges leveled against them.

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