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The Director of Public Prosecutions (DPP) Renson Ingonga has
approved fresh charges against Uasin Gishu Senator Jackson Mandago and seven
others in connection with the Sh50 million Finland education saga.
This is after the Office of the Director of Public
Prosecutions (ODPP) asked and failed to get critical evidence from the Directorate
of Criminal Investigations (DCI) in the matter for them to progress with the
case.
EACC had been investigating the Sh1.1 billion scholarship
program founded by the Uasin Gishu County government during Mandago’s era.
Officials said the ODPP had noted a number of gaps as the
case kicked off in a Nakuru court.
The ODPP then asked the DCI to supply his office with the
evidence which included key documents to ensure the prosecution progressed
well.
In response, the DCI asked the ODPP to withdraw the current
case before a Nakuru court pitting Mandago and three others and substitute it
with the Ethics and Anti-Corruption Commission (EACC) which has been under
probe and has the needed information.
The DCI said among others they had not gotten the money trail
in the matter, which EACC had established in their probe.
Deputy director of investigations at the DCI Paul Wachira
wrote to Ingonga on September 19 indicating their intentions to withdraw the
charges against Mandago, Meshack Rono, Joseph Kipkemboi Maritim and Joshua
Lelei.
The DCI acknowledged that before the matter was registered
in court, they had not covered several areas.
The DCI argued that EACC had stronger evidence that could lead
to the conviction of the suspects and enable them to recover the money.
For instance, the DCI said, the number of students admitted
to Finland's Universities namely Tampere, Laurea, Jyvaskylla, Gradia Consortium
College, Metropolia and LUT and the amount of academic fees and other incidental
costs paid by each student was not established in their probe.
“There was no securing of original documents were not
obtained as they had already been collected by EACC and the number of students
admitted in Canada's Universities namely Thompsons Rivers, Northern Lights
College and Sternberg College and the amount of academic fee and other
incidental costs paid by each student was not known,” said Wachira in the
letter.
“The number of Visas processed at Embassy of Finland and
High Commission of Canada for students who were to travel to Finland and Canada
respectively and the visa processing fee was not known.”
He added there are agents who were the link between the
County Government of Uasin Gishu and the universities in both countries and
their evidence is crucial and that the issue of the Pathways studies program which
was introduced later by Finland universities became pertinent during the
hearings was not covered.
The DCI said they did not establish at what stage the
program was introduced, how was it being offered either online or physically
and by whom, how much it cost per student, how many students participated in
the program and was the cost included in the whole academic year fee.
“All the above information was sought through Interpol and
Mutual Legal Assistance (MLA) to both countries but so far no response has been
received.
“So far the above-stated issues have featured prominently in
the hearings and the defence counsels are taking advantage of the lack of
such important information,” Wachira added.
Wachira said since EACC has in custody of original
documents which they took from the County Government of Uasin Gishu and they
further travelled to Finland and Canada for investigations to obtain evidence
from various institutions, it is good for the anti-graft agency to introduce
their case.
“It is our request that the case before the Chief Magistrate
court Nakuru court number 5 be withdrawn under Section 87(a) of the Criminal
Procedure Code and the accused persons be charged afresh via the case being
investigated by the Ethics and Anti-Corruption Commission (EACC),” he said.
EACC detectives had travelled to Finland and Canada and
interrogated students there over the saga.
Based on the new developments, Ingonga issued the new orders
approving the EACC probe file.
Ingonga wrote to EACC on September 25 approving the new
charges and more suspects.
“Further to my letter dated 16th November 2023, I direct
that the suspects be arrested and arraigned for plea-taking.”
“This has been occasioned by the fact that the DCI has
abandoned the case that was filed in Nakuru,” he said.
The other new
suspects include Phylis Wanjiku Warigi ( Former Gender Officer, Deputy Governor's
office), Tony Kibet Tanui (Principal Education Officer, Youth Affairs and
Sports Department), Joel Rutto (Director, County Education Revolving Fund Youth
Affairs and Sports Department) and Skill Dove Limited, and any other entity
that fraudulently acquired monies related to the fund.
The approved probe file is part of the Sh1.1 billion Finland
scholarship saga and entails a separate probe that was conducted by the EACC
detectives.
Mandago and the other persons were first arrested and
arraigned on August 17, 2023, before Chief Magistrate's Court Nakuru and a plea
of not guilty was entered.
The other suspect Joseph Kipkemboi Maritim is still at large.
A stop order was registered with the Directorate of
Immigration Services, the DCI says.
The hearing of the matter started on July 1, 2024, and so far
26 witnesses have testified and so far 12 witnesses have been bonded.
The suspects will face charges of conspiracy to commit an
offence of economic crime, abuse of office, breach of trust, fraudulent
acquisition of public property and uttering a false document contrary to
Section 353 of the Penal Code.
Investigations by EACC show that Sh284.4 million was paid to
universities in Finland and Canada, Sh315.9 million was paid to foreign
agencies, and Sh50.7 million was paid to local agencies.
Another Sh308.9 million and Sh74.2 million were however
withdrawn in cash.