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Former Youth and Gender Principal Secretary (PS) Lillian Omollo has suffered a major blow after the Anti-Corruption Court declined her attempt to terminate three corruption cases against her over the loss of millions at National Youth Service (NYS) for dragging in court over two years without being concluded.

Justice Esther Maina, while delivering the judgment on Wednesday, October 19, also rejected Omollo’s arguments that she ought not to have been arraigned in court over the Ksh 468 million graft scandal because the alleged offences occurred during the execution of her official duties as PS.

Omollo in her court papers had claimed that she had immunity over civil and criminal proceedings and ought not to have been charged while being the PS in the Ministry of Youth and Gender.

But Justice Maina said that the issue of whether Omollo acted in good faith or not should be determined by the trial court.

“It is for the trial court to determine the issue raised after hearing the cases. I note that in fact, the prosecution alleges that she did not act in good faith,” Justice Maina said.

Omollo arguments

In regard to her argument that her trial should be terminated because two years had passed since it started, Justice Maina said the legal timeline applies to suspended officials only.

The judge declined Omollo’s argument that the trial court has no powers to hear the criminal case levelled against her based on a provision in Section 62(1) of the Anti-Corruption and Economic Crimes Act (ACECA) on “suspension (of a public officer), if charged with corruption or economic crime”.

The said law provides that “a public officer or state officer who is charged with corruption or economic crime shall be suspended, at half pay, with effect from the date of the charge until the conclusion of the case provided that the case shall be determined within twenty-four months”.

Justice Maina told Omollo that the said section of the law applied to suspended officers.

Omollo was suspended from office on June 19, 2018 after she was arraigned in court over corruption-rated offences.

She was eventually sacked in May 2020 and another person was appointed to the office.

Omollo charged over graft

The former PS is currently facing three separate trials involving the loss of Ksh 226.9 million, Ksh 167 million and Ksh 60million at NYS.

In the trial, she is facing charges of authorising payment of the monies for goods not supplied.

She is also facing charges related to offences of conspiracy to commit an offence of economic crime, fraud, abuse of office and willful failure to comply with applicable procedures and guidelines relating to the management of public funds.

Other charges include neglect of official duties, fraudulently making payments, breach of trust, making documents without authority, uttering false documents, false accounting, fraudulent acquisition of public property, dealing with suspect property and money laundering.

The alleged offences were committed on diverse dates between April 6, 2016 and May 13, 2017 within the Republic of Kenya.