According to its opening statement, it stated that the 37 suspects not only betrayed the laws and regulations but set up institutions, but also all Kenyans/FILE
NAIROBI, Kenya, Oct 29 – The prosecution in the Sh468 million National Youth Service (NYS) trial is seeking that maximum penalties be slapped on the suspects as the hearing kicked off on Monday at the Milimani Law Courts.
According to its opening statement, it stated that the 37 suspects not only betrayed the laws and regulations but set up institutions, but also all Kenyans.
“The 37 accused persons before the court are charged with the offences of : Conspiracy to commit an offence of Economic Crime, Abuse of Office, Wilful failure to comply with applicable procedures and guidelines relating to management of public funds, Neglect of official duties, Fraudulently making payments, Breach of Trust, Making documents without authority and uttering false documents,” it stated.
It pointed out that the Integrated Financial Management Information System (IFMIS) which was set up to ensure there is transparency was deliberately exploited and manipulated to do the exact opposite.
“The accused persons comprise senior, middle and lower cadre government officials who played key roles in the commission of the offences enumerated hereinabove. This case is against amongst obscure but ruthless fly-by night briefcase companies/ business entities,” it pointed out.
It is further expected to show how the National Youth Service progressively fell victim to corruption and management apathy leading to the loss of funds.
It stated that former Principal Secretary in the State Department of Public Service and Youth Ministry Lillian Omollo did not perform her duties as the accounting officer effectively.
“Your Honor, the 1st Accused person was the Accounting Officer for the State Department of Public Service and Youth. The Prosecution shall call evidence to demonstrate that in this case, the 1st Accused did not utilize the funds in accordance with the law and was not accountable to the National Assembly and Treasury,” it said.
It explained that it would demonstrate that roles and responsibilities of the Accounting Officer are guided by the respective circulars, letters of appointment and the Public Finance Management Act, Section 68.
“Through graphics and charts, we shall demonstrate how public funds from the exchequer are allocated to the Ministry of Public Service Youth and Gender, were siphoned to fictitious companies through NYS in the guise of procurement.”
It said that section 227 of the Constitution of Kenya provides for establishment of a system for procurement of goods and services that is fair, equitable, transparent, competitive and cost-effective.
According to the prosecution, the case involves the “alleged procurement of goods and services by the above government entities, we therefore find it imperative to lay out the legal provisions on procurement which is guided by PPDA/PPRA to demonstrate that no procurement was undertaken and neither goods or services delivered.”
“The procurement in this case was allegedly undertaken under the repealed Act, PPD 2005 but the payments were made in under the new Act, PPAD 2015.”
The opening statement further showed that alleged forged supplies branch contracts were used to pay non-existent supplies.
Suspects in the scandal will be tried in three clusters according to groupings that had been organized and directed by the presiding magistrate of the Anti-Corruption Court Peter Ooko.
The Director of Public Prosecutions Noordin Hahji stated that he will be seeking to demonstrate how the suspects colluded in making fictitious payments.
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