NAIROBI: Planning PS Peter Mangiti and National Youth Service Director General Nelson Githinji will be among those to be charged in court over the Sh695 million scandal at NYS.
This was after Director of Public Prosecutions Keriako Tobiko agreed with police recommendations that the two and businessman Ben Gethi Muchemi be prosecuted for trying to induce Githinji’s deputy Adan Harakhe to fail in his duty by dissuading him from reporting and following up with the CID the matter relating to the conspiracy to steal Sh695 million.
They will be charged for tampering with a public service officer contrary to the Penal Code.
According to police, they also tried to intimidate Harakhe with consequences if he proceeded to decommit the IFMIS system paid of the Sh695 million.
In the case, Devolution Cabinet Secretary Anne Waiguru is off the as she is listed as a prosecution witness.
The team of detectives from the Banking Fraud Investigations Unit resubmitted their file to Tobiko listing Waiguru as a witness.
This is in relation to the loss of the Sh791 million and conspiracy to steal Sh695 million.
Josephine Kabura Irungu, Peter Omari Otuoma, Ben Gethi, Joel Kanyi Karenju, Francis Kariuki, Jennifer Manyara Mugure Roda Kavu Makau, Samuel Wachenje, Hendrick Nyongesa Pilisi, Naftaly Githinji, Ruth Njeri Hihu, Charles Onsase Nyaachi, Mary Wangui Mbuthia, Ezekiel Karanja Kamau, James Gitau Kanuthi, Samuel Kilonzi, Fredrick Okello Nasiche, Regina Nyambura Mungai, Philip Joshua Otunga, Jane Wangeci Gichuki, David Dicks Alunga, Titus Libondo and Chemos Kororia Ndiema will be charged with stealing Sh791 million under the Penal Code.
They will also be charged with conspiracy to defraud NYS the money.
Further, Regina Mungai, Josephine Kabura, Peter Omari and Caroline Njambi will be charged with conspiracy to defraud NYS of Sh695 million for being propretors of Form Homes Builders, Roof and All Trading and Reinforced Concrete Technologies, Dracol Capital, Grumum Engineering and Tegmen Trading respectively.
They will also be charged with engaging in organized criminal activity contrary to prevention of organized crimes Act while Regina Mungai and Hendrick Nyongesa will be further charged with making false document.
The suspects will be charged with abuse of office.
The DPP ordered that EACC and Asset Recovery Agency initiate asset recovery proceedings in respect of the stolen funds and investigations into possible offences of money laundering under the proceeds of crime and money laundering Act be concluded and file be sent to his office.
Police had said after recording the CS’ statement, they concluded she will be a prosecution witness.
Tobiko is also yet to make decision on another file from the Ethics and Anti- Corruption Commission and Kenya Revenue Authority who are also independently investigating the same matter.
“The police were investigating aspects in the Penal Code while EACC and KRA had their lines that they were pursuing. It is the same matter but different aspects,” said Tobiko.
Tobiko had sent the file back to the investigating agencies in September after initial probe by the CID proved inactionable.
While sending back the file to the CID, Tobiko said it was important that the CS records a statement.
The CS was grilled in her office by the officers where she recorded her statement. Tobiko said then several aspects of fraud raised in the file fell under the mandate of the EACC.
It was then that he also sent a copy to the KRA for action. KRA have also talked to the CS and other officials mentioned.
On Tuesday, Waiguru was grilled at the EACC before her lawyer Ahmedinassir Abdullahi announced she was a prosecution witness. She was questioned for eight hours.
Officials at the EACC said they sent the file to the DPP also listing her as a witness.
“It is obvious after talking to her she will be a witness in this matter. Unless the DPP finds more evidence or gaps in the matter,” said an official aware but who asked not to be named.
The EACC file also had several recommendations for prosecution on parties that were mentioned in the saga.
When she went to the EACC, Waiguru told the officials she was the one who blew the whistle on the fraud and she was ready to be their witness.
“I first wrote to the CID on June 5 asking them to investigate various IFMIS transactions that had been reported suspect. To avert financial loss, the Authority to Incur Expenditure (AIE) holder flagged the matter immediately and this prompted my action,” she said.
And following the DPP’s order, police interrogated all the 24 people who had been mentioned in the saga. Some of them are now suspects while others are witnesses, officials aware of the file said.
The names in the file include that of NYS Deputy Director-General Harakhe and 23 others.
In its report, the DCI has recommended that the directors of Form Homes Builders, Reinforced Concrete Technologies and Roof and All Traders be charged with fraud.
Waiguru, who first revealed the names, said investigations showed that Sh791 million was lost in the suspicious dealings.
The dealings came to light after the Central Bank raised the red flag over huge sums of money paid to private companies by the NYS.
Waiguru said then investigations had identified fraudulent payments made to suppliers of road construction and building materials.
She is currently under pressure to leave office over corruption claims in her ministry.
