A Nairobi court has allowed the withdrawal of a second case against former PS Lillian Omollo as requested by the Director of Public Prosecutions (DPP).
Senior Principal Magistrate Peter Ooko granted the DPP's application, saying it was in the interest of justice and the public that "the matter be discontinued at this time".
The DPP had applied under Section 87 (a) of the Criminal Procedure Code to withdraw the charges against Ms Omollo, saying none of the witnesses who had so far testified in the cases had implicated her directly or indirectly.
The magistrate said on the basis of the evidence presented so far, the case against Ms Omollo would end in an acquittal if the case is allowed to proceed to its conclusion.
Mr Ooko added that this could ultimately lead to the former PS for Public Service and Youth Affairs suing for malicious prosecution at the expense of the public purse.
"I therefore proceed to discharge her in terms of section 87a of the CPC," the magistrate ruled.
Ms Omollo had been charged with abuse of office and conspiracy to commit an offence, among others, over the alleged loss of Sh468 million at the National Youth Service (NYS).
In asking the court to drop the charges, lead prosecutor Vera Hamisi said some of the payments were made in the 2013/2014 financial years when NYS was under the Ministry of Devolution and Planning.
Ms Hamisi further submitted that the payments were finalised before Ms Omollo was appointed to the post and that after she joined the government, the former PS appointed a committee to review all pending bills.
The magistrate agreed with the prosecution, saying it was reasonable in the circumstances to withdraw the abuse of office charges to prevent abuse of the court process.
"That it is in the interest of the administration of justice and the need to prevent and avoid abuse of court process that the immediate application be granted," the judge said.
A total of 12 witnesses have testified at the trial, out of 42 witnesses the prosecution intends to call.
Ms Omollo applied to the DPP's office for a review of her charges in September 2020 but did not receive a response until she filed the application.
She had indicated that immediately she assumed office, she came across over 5,000 payment claims worth Sh10 billion from various suppliers to NYS. Some of the claims, she said, dated back to the 2013/2014 financial years when NYS was under the Ministry of Devolution and Planning.
"Given the large number of claims and the amounts claimed by the suppliers, I diligently took various steps to ensure that the outstanding invoices were verified before any decision was taken to settle them," she said in her review application.
She explained that she initiated numerous and extensive financial and management controls to strengthen NYS's financial systems, controls and cost containment in good faith, but instead was arrested and charged.
The charges against her were that she conspired with her co-accused to commit corruption, which she allegedly did on various dates between 6 April 2016 and 13 May 2017.
Other charges included abuse of office and failure to comply with applicable procedures and guidelines relating to the management of public funds. The prosecution said she failed to comply with the law and guidelines by authorising payments to various suppliers.
In her defence, Ms Omollo said she was not responsible for authorising payments as available accounting records and IFMS footprints clearly identify the origin and responsibility of all purchase orders, invoices and payments generated and processed by the NYS.
