NYS Suspects Accuse DPP Of Rushing To Prosecute Them Without Completing Investigation

by Mahakamani News

NYS suspects has accused the DPP of rushing to prosecute them without completing investigation to shilling 468 million.

On Monday the suspects through one of the defence lawyer Danstan Omari for Timothy Rotich said the DPP is not serious in prosecuting the matter.

“It is clear that prosecution had not concluded investigation in the matter before the accused were arraigned in court,” said Omari.

He further said the state in early to bring many people in court without finishing investigations in the matter.

The lawyer made the remarks after the DPP withdrew charges against eleven suspects in the NYS II scandal for lack of evidence.

Prosecution through state counsel Vera Amisi asked the trial magistrate Peter Ooko to withdraw the charges against the eleven because they didn’t play any role in the loss of shilling 60.5 million from the agency.

Among those who charges were withdrawn include former acting director general of the NYS Sammy Michuki, former head of procurement at the Mechanical Transport Branch (MTB) at NYS Rodgers Nzioka, Mr Simon Kanyi Kiiru who also worked at MTB, Mr Stephen Riungu, a former Internal Auditor at the Treasury, Mr Josephat Njoroge, who also worked as an internal auditor at Treasury and Lucas Otieno, an auditor.

Also freed were Timothy Kiplagat Rotich, Mr Charles Mulandi, Jackson Juma, Humphrey Odhiambo and Bernard Masika, all NYS staff

Through principal prosecutor Verah Amisi, the DPP also said the charges against the eleven were withdrawn under section 879(a) of the criminal procedure code. The accused persons did not oppose the withdrawal of the charges as principal magistrate Peter Ooko ordered that their cash bail and sureties, which they had deposited in court, be returned to them.

This means that if the police find further evidence, they might re-arrested and  charged afresh. The withdrawn charges are in respect of three of the case out of the 10 case that were filed in court when they first appeared in court in late May 2018.

At the same time Former Youth and Gender Principal Secretary (PS) Lilian Omollo, Former NYS director Richard Ndubai, three companies and and 28 others.

Omollo, Ndubai and several former public officials are accused that they conspired to commit an economic crime by allowing the payment of Sh 60, 598,800 to three companies including 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 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.

Among those charged include senior, middle and lower cadre government officials and business entities that played a key role in stealing from NYS.

In the case the former PS alone faced six counts of abuse of office charges and willful failure to comply with procedures relating to management of public funds.

Lilian Omolo and Richard Ndubai have two other cases pending before different courts relating to payment of Sh167,715,700 to three companies including Firstling Limited, Kunjiwa Enterprises, and Ameritrade Limited and Sh 226.9 million to companies relating to Ngirita’s family.


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