Prosecution allowed to withdraw 2nd case against ex-PS Omollo

The Anti-Corruption Court sitting in Nairobi has for the second time allowed a plea by the prosecution to withdraw another National Youth Service (NYS) case involving Sh60 million that faced former PS Lillian Omollo.

Milimani Senior Principal Magistrate Peter Ooko yesterday allowed the DPP’s request to have the case against Omollo terminated under section 87(a) of the Criminal Procedure Code (CPC) saying it is in the interest of justice and that of the public if the matter is stopped at this juncture. “Going by the evidence adduced so far, the case against Omollo would end up with an acquittal if it is allowed to proceed to conclusion,” the Magistrate said.

The magistrate however directed the case against Omollo co-accused persons, former NYS Director-General Richard Ndubai, several former government officials and businessmen to proceed to its logical conclusion.

The DPP had sought to drop charges against Omollo saying none of the witnesses who have testified in the case so far, has implicated her directly or indirectly with the scandal.

In 2018, Omollo had been charged with three cases over the loss of  Sh468 million at NYS.  The NYS season II scandal cases where Omollo was implicated are in three clusters.  There is one involving Sh60 million, another Sh167 million and the third Sh226 million that is handled by magistrate Eunice Kagure.

 Early this month another court also allowed the State to drop the Sh 167 corruption case on similar grounds.  In May, the office of the DPP said that it had since reviewed her case and established that the procurement process involving the concerned payments was concluded before Omollo was appointed to the Office of Public Service and Youth Affairs.