The Director of public prosecutions shocked the country on Monday when he withdrew charges against eight NYS suspects for lack of evidence.
Charges against Clara Mbau, Christopher Malala, Josephat Njoroge, Rodgers Nzioka, Lucas Otieno, Sammy Michuki, Simon Kiiru, and Stephen Muchai were withdrawn under Section 87A of the Criminal Procedure Code.
However, this does not mean that the eight are free because they might be charged afresh if the police find further evidence. The withdrawn charges are in respect of four of the case’ six files.
Three further suspects have been turned into State witnesses. The prosecution further told Trial Magistrate Douglas Ogoti that the charges against the three had been withdrawn.
The three are now set to testify against former National Youth Service (NYS) Director-General Richard Ndubai, former Youth and Gender Affairs Principal Secretary Lilian Omollo and other suspects charged in the scandal.
The prosecution further consolidated the four files. The charges of 82 counts were read out to the accused persons afresh during the Monday hearing.
The DPP, in his opening statement ahead of the the trial, said that he will prove that colossal amounts were paid as pending bills yet they did not fit the description of a pending bill as they were slotted into the NYS stock of pending bills.
Hg of NYS 2 corruption case involving former PS Lilian Omollo & 36 others starts today. Thro’ video clips, flip charts & infographics .@ODPP_KE to demonstrate how accused colluded & facilitated payment of sh 225M to fictitious entities#AntiCorruption_ODPP pic.twitter.com/1QfYV4qfBM
— ODPP_KE (@ODPP_KE) October 29, 2018
They are charged with offences of conspiracy to commit an offence of economic crime, abuse of office, willful failure to comply with applicable procedures and guidelines relating to management of public funds.
Other charges include neglect of official duties, fraudulently making payments, breach of trust, making documents without authority, uttering false documents, false accounting, fraudulent acquisition of public property, dealing with suspect property and money laundering.
The accused persons comprise senior, middle and lower cadre government officials believed to have played key roles in the commission of the said offences.
The prosecution will be demonstrating to the court how the accused colluded and facilitated payment of Ksh.225 million to fictitious entities.