, NAIROBI, Kenya, Nov 16 – Planning Principal Secretary Peter Mangiti and NYS Director General Nelson Githinji are to face charges for attempting to block a probe into the attempted theft of Sh695 million from the National Youth Service.
A statement from the Office of the Director of Public Prosecutions says they will be charged with tampering with a public officer contrary to section 107(a) of the Penal Code for “threatening and intimidating,” NYS accounting officer Adan Harake.
“The trio (together with businessman Ben Muchemi) attempted to dissuade Harakhe from reporting and following up with the CID the matter relating with the conspiracy to steal Sh695 million,” the statement reads.
It continues to state that the three threatened Harakhe, “with consequences, If he proceeded to decommit from the IFMIS system the said sum of Sh695 million,” the statement reads.
Twenty-three persons including Muchemi will on the other hand be charged with the theft of another Sh791 million through fraudulent IFMIS transactions.
They are Regina Mungai, Fredrick Okello, Josephine Kabura, Peter Otwoma, Hendrick Pilisi, Samuel Wachenje, Jane Wangechi, David Alunga, Titus Libondo, Chemos Ndiema, Naftali Githinji, Ruth Hihu, Charles Nyaachi, Mary Wangui, Ezekiel Kamau, James Gitau, Samwel Kilonzo, Philip Otunga, Jennifer Mugure, Rhoda Makau, Joel Karenju and Francis Kariuki.
Three of them – Regina Mungai, Josephine Kabura, Peter Otwoma – together with one Caroline Njambi will face the additional charge of conspiring to defraud the NYS of the aforementioned Sh695 million. “Being the proprietors of Form Home Builders, Roof and All Trading and Reinforced Concrete Technologies, Dracol Capital, Grumam Engineering and Tegmen Trading respectively.”
Mungai and Pilisi will also be charged with making a false document.
The Director of Public Prosecutions Keriako Tobiko has further directed the Ethics and Anti-Corruption Commission to recover the funds stolen.
He’s also directed that investigations into the suspected laundering of the funds be speedily concluded.
Lawyer Donald Kipkorir on Monday wrote to Tobiko praying that Githinji should not be sacrificed on the altar of public opinion but that his case be evaluated solely on the basis of evidence gathered.
“Our client is apprehensive that the media narrative being orchestrated and woven may be aimed at forcing a certain conclusion irrespective of the evidence,” the letter reads.
Investigations into fraud at the NYS commenced in June when Devolution and Planning Cabinet Secretary Anne Waiguru wrote to the Directorate of Criminal Investigations on the discovery of suspicious IFMIS transactions totalling Sh826 million by Harakhe.
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Tobiko then directed that she record a formal statement with the Ethics and Anti-Corruption Commission; which she did, in the company of her lawyer Ahmednasir Abdullahi, last week.
Githinji went in for questioning by the EACC prior to Waiguru and denied involvement in any fraudulent dealings while he’s been at the helm of NYS.
Mangiti was most recently in the public eye for tabling documents in Parliament that showed a gross mismanagement of public funds by the Ministry of Devolution and Planning.
Figures he later retracted.