Cotu asked to submit evidence in Sh5bn Tassia case

Central Organisation of Trade Unions secretary-general Francis Atwoli at the burial of John Khisa Mumelo in Mfupi in Tongareni, Bungoma on June 25, 2016. PHOTO | JARED NYATAYA | NATION MEDIA GROUP

What you need to know:

  • Cotu secretary-general Francis Atwoli and the Director of Public Prosecutions were given 14 days to file evidence in the Sh5.03 billion case commenced by the union.
  • When the parties appeared before chief magistrate Daniel Ogembo, Mr Adunda asked to be given seven days to file submissions in the case, seeking permission to commence a case against suspended National Social Security Fund (NSSF) Managing Trustee Richard Langat and others.

The Central Organisation of Trade Unions (Cotu) has been asked to file evidence in a case against six senior National Social Security Fund (NSSF) officials over the Tassia housing project.

The secretary-general of the worker' union, Francis Atwoli, and the Director of Public Prosecutions (DPP) were given 14 days to file evidence in the Sh5.03 billion case commenced by the union.

The case was filed through lawyer Samuel Adunda.

When the parties appeared before chief magistrate Daniel Ogembo, Mr Adunda asked to be given seven days to file submissions in the case, seeking permission to commence a case against suspended NSSF Managing Trustee Richard Langat and others.

The court also allowed the DPP to respond to the issues raised by Mr Atwoli through his lawyer.

“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 Langat, Mr Adan Daud Mohamed, Mr Ali Ismail Noor, Mr Mutua Kilaka, Mr Mutemi Nzetu and Mr Gideon Kyengo charged with abuse of office in managing NSSF funds.

Cotu, in its application, said efforts and pleas to have the six charged in court hit a snag, hence the present action.

If the application succeeds, Mr Langat and his colleagues will be charged with three counts of abuse of office.

According to Cotu, Mr Langat abused office by unlawfully preparing, procuring and authorising the expenditure of Sh5.03 billion in the Tassia II project with the intent of benefiting himself.

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

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 prove,” said Mr Atwoli.

Mr Atwoli has detailed how the plot to misuse the funds begun in December 2013 when he and other NSFF Board of Trustees rejected the proposal for infrastructure upgrade only to realise letter that Mr Langat had approved the project in their absence.