Atwoli given two weeks to file evidence against ex-NSSF boss

What you need to know:

  • Cotu has drawn a charge sheet which, if accepted by the court, will see suspended NSSF managing trustee Richard Lang'at and his colleagues charged with abuse of office.

The secretary general of the Central Organisation of Trade Unions (Cotu) Francis Atwoli and the director of Public Prosecutions (DPP) have been given 14 days to file evidence in a Sh5 billion private case commenced against six senior officials of the National Social Security Fund (NSSF) over the Tassia II housing project.

The private prosecution had been filed by Cotu through city lawyer Samuel Aduda.

When the parties appeared before chief magistrate Daniel Ogembo Tuesday, Mr Aduda sought seven days to file submissions in the case seeking permission to begin the alleged criminal case against suspended NSSF managing trustee Richard Lang'at and others.

Mr Ogembo allowed the DPP to respond to the issues raised by Cotu within seven days.

“After all the parties have filed evidence this case will be mentioned on July 15 for further directions,” ruled Mr Ogembo.

Mr Atwoli is seeking to have Mr Lang'at, trustee chairman Adan Daud Mohamed, suspended managers Mutemi Nzetu and Gideon Kyengo, Labour Principal Secretary Ali Ismail Noor and Finance Principal Administrative Secretary Mutua Kilaka charged with abuse of office in managing NSSF funds.

Cotu, through its secretary general Francis Atwoli, says in its application to prosecute the six privately for the multi-billion shilling housing project loss that “pleas and efforts to have the relevant investigative and prosecutorial offices arraign the six hit a snag hence the present action.”

The Director of Public Prosecutions (DPP) had previously opposed Cotu’s request to have Mr Lang'at charged, saying that there was no evidence to sustain the proceedings.

Mr Atwoli then sought to privately prosecute the suspended NSSF managing trustee and others for allegedly violating procurement rules.

Cotu has drawn a charge sheet which if accepted by the court will see Mr Langat and his colleagues charged with three counts of abuse of office.

According to the umbrella workers' union, Mr Langat abused his functions by unlawfully preparing, procuring and authorising the expenditure of Sh5 billion in the Tassia II infrastructure upgrade project with the intent of conferring a benefit upon himself.

Cotu accused the Ethics and Anti-Corruption Commission (EACC) and the DPP of sitting on the fence when workers’ money was being misused, adding that their quest for private prosecution is the only way to safeguard the funds and bring the suspects to book.

Further, Mr Atwoli has offered to be a witness in the case and has sworn an affidavit detailing how the accused persons conspired to benefit from the project.

“The evidence we gave to EACC was sufficient to prosecute the individuals. We were surprised when they were let off the hook on grounds that there was no proof,” said Mr Atwoli.

He claims in his affidavit that the plot to misuse the funds began in December 2013 when he and other NSFF Board Trustees rejected the proposal for infrastructure upgrade only to realise letter that Mr Lang'at had approved the project in their absence.