The hearing of the Sh1 billion Finland education scholarship scandal, involving Uasin Gishu Senator Jackson Mandago and county officials Joshua Lelei and Meshack Rono, will proceed as scheduled after police failed to withdraw the case.
Nakuru Senior Principal Magistrate, Peter Alloys Ndege, ruled on Wednesday that the trial would continue on December 2, as originally planned.
This decision came after the Directorate of Criminal Investigations (DCI), which had recommended the withdrawal of the case, went silent on their intentions when the matter was mentioned in court.
“The case will proceed from the week commencing on December 2. The prosecution should provide witnesses scheduled to testify,” stated Magistrate Ndege.
The three accused were charged in Nakuru with conspiracy to misappropriate Sh1.1 billion intended for the Uasin Gishu County Overseas Education Scholarship Programme.
The funds were meant to benefit students studying in Finland and Canada. So far, 30 of the 202 prosecution witnesses have already testified in court.
However, in a letter, the DCI had expressed their intention to withdraw the case and allow the Ethics and Anti-Corruption Commission (EACC) to take over the charges against Mandago and seven other suspects involved in the scandal.
In response, Director of Public Prosecutions (DPP) Renson Ingonga on September 25 wrote to the EACC, approving the new charges against Mandago.
According to the DCI's Deputy Director, Paul Wachira, the EACC has a stronger case as it holds original documents from Uasin Gishu County and key evidence from institutions in Finland and Canada.
Mr Wachira added that the DCI had not concluded its investigations when the case was filed and lacked access to the original documents, which were collected by the EACC.
Pending investigations include determining the number of students admitted to Canadian universities and identifying agents, who facilitated the Uasin Gishu County government's links with universities in both countries, as well as information regarding pathway studies.
The DCI had sought to withdraw the case under Section 87(a) of the Criminal Procedure Code, with the intention of allowing the accused to be charged afresh by the EACC.
The DPP approved the charges proposed by the EACC, which include conspiracy to commit an offense of economic crime, abuse of office, breach of trust, fraudulent acquisition of public property, and uttering false documents.
The other suspects that the EACC seeks to charge include Joseph Kipkemboi Maritim (Former Chief Officer, Youth Affairs), Phylis Wanjiku (Gender Officer), Tony Kibet Tanui (Principal Education Officer), Joel Rutto (Director, County Education Revolving Fund), and Skill Dove Limited.
As the case proceeds, the court will hear testimony from the remaining witnesses to establish the extent of the alleged misuse of funds intended for students' scholarships abroad.
