An anti-corruption court will on July 17 rule on whether it will allow an application by the Director of Public Prosecutions seeking to withdraw charges against former Permanent Secretary Lillian Omollo.
She is facing charges of alleged loss of Sh468 million at the National Youth Service (NYS).
Milimani Magistrate Peter Ooko set the date after the parties submitted the application on Friday morning.
The application by the DPP was not opposed by the other accused persons.
The prosecution further revealed that they intend to review the case against the remaining accused persons in the future.
"We are glad to hear that they intend to review the charges against the other accused persons. We hope it's not hot air and that they will actually review the charges," said defense counsels representing the other accused persons.
The DPP said he has reviewed the case following a request from the ex-PS and established that the procurement process involving the concerned payments was concluded before she was appointed to the Office of Public Service and Youth Affairs.
He also said none of the witnesses who have testified have given any evidence that directly or indirectly incriminates Omollo and the charges levelled against her ought to be withdrawn.
The NYS cases were in three clusters. In one of them, Omollo, ex-NYS Director General Richard Ndubai and other accused persons denied conspiring to defraud the National Youth Service under the state Department of public service Sh60.5 million.
Omollo faced another count of willfully failing to comply with the law by unlawfully authorizing payment of Sh26,660,000 belonging to the state department of public service to Catherine Njeri, Andrine Grace and Sarah Murugu.
Other charges against the accused persons were conspiracy to commit an economic crime, abuse of office, willful failure to comply with applicable procedures relating to the management of public funds, and fraudulent acquisition of public property.
Omollo and Ndubai were in the other two cases which are pending before different courts concerning payment of Sh167,715,700 to three companies — Firstling Limited, Kunjiwa Enterprises and Ameritrade Limited — and Sh226.9 million to companies related to the Ngirita family.
37 witnesses are said to have testified in all three cases lodged in 2018.
The DPP in urging the court to allow his application said they received a request from Omollo seeking a review of the decision to charge her.
The DPP in reviewing the case established there were numerous pending bills dating back to the 2013/2014 financial year which were incurred before Omollo's appointment to the said State Department.
Omollo is said to have appointed the first verification committee to ensure that only payable pending bills were recommended for payment. None of the people she appointed were charged in the ongoing cases.
The DPP, five years later, said none of the documents questioned in the ongoing trial such as the payment vouchers were presented to Omollo for her approval.
These documents are part of the exhibits being used in court to prove the NYS cases.
DPP says none of the witnesses who have testified have given any evidence that directly or indirectly incriminates her and the charges levelled against her ought to be withdrawn.