Key suspect Kabura put on her own defence in Sh791 million NYS case
Josephine Kabura at the Milimani Law Court in Nairobi on December 3, 2019 during the hearing of the case where she was facing charges alongside businessman Benson Gethi Muchemi, former National Youth Service Director Dr Nelson Githinji and others over the National Youth Service financial scam.
What you need to know:
- Ms Waiguru, the chairperson of the Council of Governors, was at the time the Devolution Cabinet Secretary when the scandal happened.
- Ms Waiguru’s failure to testify led to the collapse of the case involving her former PS Mangiti, former NYS Director-General Nelson Githinji and businessman Ben Gethi.
As former Devolution Principal Secretary Peter Mangiti walked free in the Sh791 million National Youth Service (NYS) case, key suspect Ms Josphine Kabura has been put on her defence with the court citing glaring omissions and gaping holes in in the case.
In a detailed ruling on the no case to answer, Milimani Law Courts Magistrate Wendy Micheni took issue with the failure by star witness, Kirinyaga Governor Anne Waiguru, to testify in the case.
Ms Waiguru, the chairperson of the Council of Governors, was at the time the Devolution Cabinet Secretary when the scandal happened. She did not testify in the case.
The second term governor was the key witness.
Ms Waiguru’s failure to testify led to the collapse of the case involving her former PS Mangiti, former NYS Director-General Nelson Githinji and businessman Ben Gethi.
“The court adjourned the matter several times and gave a period of one year to the prosecution side to procure the attendance of Ms Waiguru, who was the key witness in the case,” the magistrate ruled.
Ms Micheni wondered why the governor declined to attend court and give evidence against her former PS.
The lead investigator in the case, Patrick Magwanja, informed the court that the governor was the key witness because investigations were lodged following her report over the theft of the millions of shillings at NYS.
While freeing Mr Mangiti, Mr Githinji and Mr Gethi for lack of evidence, the magistrate said that the prosecution failed to establish a prima facie case against them.
The magistrate, however, found the main suspect in the case Ms Kabura together with five others with a case to answer, and consequently put them on their defence.
Ms Kabura reportedly withdrew all the money in 25 transactions between December 2014 and April 1, 2015.
According to the testimony by investigating officers and the forensic document examiner, the court observed that tender amounts were convoluted by adding zeros (00000) to the payment vouchers and Local Purchase Orders (LPOs) to reflect a fake figure which was the springboard for the mega corruption.
The magistrate observed that Ms Kabura and her other accused persons, Jane Wangechi and Titus Livondo, forged documents, hacked the accounts of IFMIS and stole Sh791 million.
The magistrate, however, said none of the 41 witnesses who testified in the case including former NYS Deputy Director-General Adan Harake, proved the charges against Mangiti, Githinji and Gethi, adding that the offences filed against them would have been proven if the prosecution had presented oral, electronic, text messages or notes written by the accused persons.
The court noted that out of all the 41 witnesses, the only one who mentioned PS Mangiti was Mr Harake who stated acted swiftly in reversing the transactions that were entered into IFMIS system which would have led to the loss of Sh695,400,000.
While acquitting Mr Mangiti, the magistrate said that there was not enough evidence to show that he and his co-accused were aware of any collusion in the theft of Sh791 million at NYS.
“l accordingly give them the benefit of doubt on all the charges of tampering with public office, stealing, conspiracy to defraud, engaging in organised crime and abuse of office. They are acquitted under Section 210 of the Criminal Procedure Code (CPC),” she said.
Mr Harake told court that he, and former CS Waiguru, reported the scandal to the police after his password was hacked and over Sh700 million was to be stolen from the public coffers.
However, former PS Mangiti, Githinji, Gethi are not yet totally off the hook since they have another pending case over the theft of Sh48 million at NYS.
For his part, businessman Gethi is still facing money laundering charges in a separate court together with his Charity Wangu and her sister Jedidah Wangari Wangui. They are alleged to have stolen Sh791,385,000 from NYS and used the money to purchase luxury vehicles as well as plots of land and houses in Roselyn Estate, Clay City, Muthaiga North, Ruiru Juja East, Juja Farm, Thika as well as a restaurant at Mercury House on Moi Avenue.
One of the cars, a Range Rover, was valued at Sh23.4 million while the house at Roselyn Estate went for Sh90 million. The Director of Public Prosecutions said the cash used was part of a money laundering scheme.
