Charge former NYS director Nelson Githinji with abuse of office, Tobiko says

Thursday February 4 2016

Director of Public Prosecution Keriako Tobiko arguing a case at the Milimani Law Courts.

Director of Public Prosecution Keriako Tobiko arguing a case at the Milimani Law Courts. Mr Tobiko has said there is enough evidence to prosecute former NYS director Nelson Githinji for abuse of office. PHOTO | PAUL WAWERU | NATION MEDIA GROUP 

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Director of Public Prosecutions Keriako Tobiko has said there is sufficient evidence to charge former National Youth Service (NYS) director Nelson Githinji and two junior officials with abuse of office.

Mr Tobiko said the three should be prosecuted for using NYS funds for private gain.

“Having given full consideration to the evidence in the file, the DPP is satisfied that there is sufficient evidence to support the recommended charges against all the suspects.

“The DPP therefore accepted the EACC [Ethics and Anti-Corruption Commission] recommendations and directed that prosecution ensue immediately,” Ms Beatrice Omari, senior assistant director of communications, said in a statement.

The charges relate to an EACC inquiry that linked Dr Githinji to servicing and maintaining a private car with registration number KBS 475S with Sh497,335 from NYS coffers.

Dr Githinji, who resigned in November 2015 over a Sh695 million scandal at the NYS, had already been charged in court alongside 26 other Devolution ministry employees with offences relating to embezzlement of funds.

He and former Principal Secretary Peter Mangiti were charged with attempting to induce a senior deputy director-general in charge of administration, Mr Adan Harakhe, “not to follow up the matter relating to the conspiracy” to steal money from the government.

The prosecution alleged that the two threatened their colleague with dire consequences unless he dropped his pursuit of the matter.


They denied the charges. But in January, the EACC recommended that he, alongside his personal assistant and NYS Chief Inspector Nicholas Juma Makokha, and Senior Superintendent Mechanic Geoffrey Kimani Kiriha, be charged with abuse of office.

Also lined up for prosecution is Turkana Roads, Transport and Housing Executive Tioko Logorion for abuse of office, willful failure to comply with procurement laws and acquiring public property illegally.

The DPP directed that Mr Tioko will be charged together with county officials David Moranga, Joseak Kosgei, Lawrence Lolii, Nancy Tatoi, Benson Logei, Aposo Namoru, Stephen Gole and Wilfred Lakiyoto and Paul Naibum Ekwam.

The EACC had stated in the letter to the office of the DPP that the named officials awarded a contract to rehabilitate the Lodwar-Napeikar-Moruese road for Sh11 million.

Yet the same road, according to the EACC, had already been repaired by the Kenya Rural Roads Authority for Sh1.2 billion.

Mr Stephen Gole Lewoton, the interim head accountant in Turkana County, members of the Turkana tender evaluation committee and directors of Lomia Energy Limited will also be prosecuted for various alleged criminal offences relating to the contract.


Meanwhile, the DPP indicated that Mombasa Governor Hassan Joho will not be charged with irregularly allocating the Mwembe Tayari public market to a private developers, Mr Mohammed Abdullah Zubedi and Mr Abdulhakim Abdullah Zubedi.

He pointed out that the transfer was made by the defunct county council.

The EACC had investigated claims that the two developers were facilitated by Mr Joho to acquire block VXII/MI/552 of the market.

It initially found no evidence linking the three, but the DPP returned the file after finding "gaps" in it.

Mr Tobiko said the plot was transferred before the Mombasa County government was formed in 2013.

Additionally, he noted there was no fault because the two businessmen had leased the plot in 1996 for 99 years in accordance with the Local Government Act.

The DPP agreed with submissions from the Mombasa County government that the market has had no new structures on it since a fire razed buildings there.