How Waiguru saved Mangiti in NYS scandal

Failure by Kirinyaga Governor Ann Waiguru to testify in the Sh791 million National Youth Service (NYS) scandal led to the collapse of the case and subsequent acquittal of high ranking government officials among them her former Devolution Permanent Secretary Peter Mangiti.

Also off the hook were former NYS Director-General Nelson Githinji and businessman Ben Gethi.
The magistrate however found the main suspect in the Sh791 million NYS scandal Josephine Kabura together with five others with a case to answer and consequently put them on their defence.

In a lengthy ruling that saw the former senior civil servants being cleared off in what was termed as “NYS Season One”, Milimani chief magistrate Wendy Micheni took issue with Waiguru’s failure to appear in court to give evidence in the case where the three had been accused of threatening and intimidating former NYS Senior Deputy Director General in charge of Administration Adan Gedow Harake to cover up the Sh695 million scandal, and conspiracy to defraud Sh791 million, being the key complainant and whistler blower of the scam at the Ministry of Devolution in 2015.

Micheni said that it is unfortunate that Waiguru, formerly the Devolution Cabinet Secretary and current Kirinyaga Governor was the first one to lodge a complaint with the Directorate of Criminal Investigations (DCI) over the scandal and calling for investigations into the over 18 illegal transactions and hacking of Integrated Financial Management Information System (IFMIS) account belonging to Harake chose not to testify in the matter even after being summoned to court for over a year.

“The key complainant Hon Waiguru, the Governor of Kirinyaga county did not come to court to testify. The court adjourned the matter several times and a written period of one year to give the prosecution side a chance to procure the attendance of Waiguru who was the key star witness in the case,” the magistrate ruled.

The magistrate also faulted Harake for failing to tender any evidence linking Mangiti, Githinji and Gethi of issuing threat to him in order to cover up to cover up the scandal.

“It is very unfortunate that Harake only came to court in June this year and praised the same officers whom he had alleged has threatened him. Just to come to court and clear them and not implicate them at all to the allegations of threatening him and inducing him to cover up the case is callous,” Michemi ruled.

Failure to give evidence

Micheni wondered why Waiguru declined to attend court to give evidence against her former PS, whom lead investigator in the case Patrick Magwanja, had informed the court that she was the key witness in the scandal when investigations were lodged following her report over theft of the hundreds of millions at NYS and threats to on Harake who was the AIE holder.

According to the magistrate, Waiguru stands condemned for failure to turn up in court to give evidence in the matter where her former PS Mangiti and his co-accused persons have been in court for a period of eight years.

“Ordinarily a case has to start with a complainant and not the investigators. It is unfortunate for the witness to waste eight years in court knowing that there is no case,” Micheni ruled.

While freeing Mangiti, Githinji and businessman Gethi for lack of evidence, the magistrate said the prosecution has failed to establish a prima facie case against them.

While placing Kabura on her defence, the magistrate noted that the IFMIS system had been hacked into and a total of 25 transactions siphoned out of the public coffers , leading to the loss of Sh791 million which had allegedly been meant for the Ministry of Urban and Housing.

The magistrate was quick to add “all the monies were paid to Kabura’s three companies which had retained accounts at the Family Bank KTDA branch.”

Kabura withdrew all the funds transferred in the 25 transactions between December 2014 and April 1,2015.

Forensic document examination

According to the testimony tendered by the investigating officers and the forensic document examiner, the court observed that amounts involved 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 Sh791,386,000 was paid between December 1, 2014 and April 1, 2015 and this was done by adding zeros(0000) to all amounts against 25 transactions in the IFMIS system and the delicate LPOs attached to the vouchers.

The investigating officer testified that the zeros were added in the quality columns of the delivery notes attached to the payment vouchers and the LPOs that remained at the NYS stores of ,” Micheni stated.
She added; “The payments were made to various companies under the leadership of Josephine Kabura Irungu. The officer testified that a total of Sh 791385,000 was credited to Kabura’s three accounts at Family bank KTDA branch.

The entire amount was withdrawn. The three companies which were paid belonging to Kabura are Forme Builders Sh 218,925,000, Reinforced Concrete Technologies Sh 320,160,000 and Roof and All Trading Limited Sh 252,300,000 making a total of Sh791, 385,000 million.”

The magistrate observed that Kabura and her accused persons, Jane Wangechi and Titus Livondo, forged documents, hacked the accounts of IFMIS and stole Sh 791 million. The magistrate also acquitted 17 other junior officers from the National Treasury and NYS saying that they were not aware of the illegal transactions over the multi-million scandal.