It also wants his former Personal Assistant Nicholas Makokha and a senior mechanic at the NYS, Geofrey Kiriha, charged with facilitating the fraud.
“EACC recommends that the suspects be charged with abuse of office, conspiracy to defraud and fraudulent acquisition of public property,” the Office of the Director of Public Prosecution reported on Friday.
According to the report, the servicing and maintenance of vehicle cost the taxpayer Sh497,335 paid by the NYS.
Githinji who stepped aside from his post at the NYS in November last year is already answering to charges of attempting to cover up fraud at the institution.
Githinji, together with former Planning Principal Secretary Peter Mangiti and businessman Ben Muchemi, are accused of attempting to induce Adan Harakhe, the Senior Deputy Director General in Charge of Administration at the NYS, not to follow up with the Directorate of Criminal Investigations (DCI) on a conspiracy to steal Sh695 million from the institution.
“They also threatened and intimidated Harakhe with consequences if he proceeded to decommit from the IFMIS system the said sum,” they’re charged.
Githinji has not only denied the charges levelled against him, he’s challenged them on the grounds that they are invalid. “Section 107(a) of the Penal Code, which they’ve been accused of contravening, relates to the military,” his lawyer Kioko Kilukumi has argued.
The offence being the inducement of a member of the disciplined forces to abandon his duties, they contend.
Githinji and Mangiti have been charged alongside 23 other NYS employees who together with Muchemi have been identified as those who not only conspired to defraud the institution of Sh695 million but stole Sh791 million.
They are: Regina Mungai, Fredrick Nasiche, Josephine Irungu, Peter Otuoma, Hendrick Pilisi, Samuel Wahenje, Jane Gichuki, David Alunga, Titus Libondo, Chemos Ndiema, Naftali Githinji, Ruth Hihu, Charles Nyaachi, Maary Mbuthia, Ezekiel Kamau, James Kanuthu, Samwel Kilonzi, Philip Otinga, Jennifer Mugure, Rhoda Makau, Joel Karenju, Francis Kairuki and Caroline Kinuthia.
“Between December 1, 2014 and June 5, 2015 at NYS headquarters, being persons employed (as) Supply Chain Management Assistant, Senior Supply Chain Management Officer, Principal Supply Chain Management, Director of Finance, Procurement Officer, Senior Deputy Director Finance in charge of general repair and maintenance, Quarter Master, Principal Accountant, Chief Accountant, Accountant ii, Accountant, Accountant, Internal Auditor, Accountant ii, Storekeeper, Accountant, Senior Accountant, Senior Assistant Accountant General, and Chief Accountant respectively arbitrarily facilitated fraudulent payments amounting to Sh791,385,000,” the charges against them read.