DPP Tobiko during a previous appearance before Senate MPs/FILE
NAIROBI, Kenya, Nov 8 – Director of Public Prosecutions Keriako Tobiko on Tuesday declined to appear before Public Accounts Committee investigating the Sh791 million fraud through the National Youth Service (NYS) Integrated Financial Information Management System Account.
Tobiko wrote to PAC chairman Nicholas Gumbo, and told him he would not be honouring the invite because the matter is before a competent court of law and is scheduled for further hearing on November 28 and 30, and on December 1.
The DPP further noted that key suspects in the National Youth Service scandal, led by business people Beth Gethi and Josephine Kabura, are facing a second charge of money laundering.
“Chairman, you would be aware one of the matters in respect of which I have been invited by your committee to appear and give evidence on, namely, the theft of Sh791 million and attempted theft of Sh695 million is the subject of Criminal Case CMS Court Cr. C No. 1905/2015 (Republic-vs-Eng. Peter Mangiti & 24 others,” Tobiko wrote in his letter.
“These matters are therefore not only subjudice, but there is also a real and grave danger that anything I might state or present before the committee… would be used by those being prosecuted,” he said.
The DPP further said that if he accepts the invitation, he will find himself litigating his cases before two different fora – as a witness before the committee and a prosecutor in court.
The House watchdog committee would have wanted the DPP to explain claims by Director of Criminal Investigations Ndegwa Muhoro that he cleared NYS Deputy Director General Adan Harakhe from facing charges of fraud.
Tobiko has ordered the prosecution of Mangiti, Githinji and Gethi over allegations of fraud at NYS.
He accused the three of tampering with a public officer by trying to prevent NYS Senior Deputy Director General in Charge of Administration, Adan Harakhe, from reporting the loss of Sh695,400,000 to the directorate of criminal investigations.
The Committee has so far questioned businessman Ben Gethi, businesswoman Josephine Kabura, former Planning Cabinet Secretary Anne Waiguru, her former Principal Secretary Peter Mang’iti and former NYS boss Nelson Githinji.
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