The Director of Public Prosecutions (DPP) Noordin Haji now wants to drop three corruption cases against former Youth and Gender PS Lillian Omollo over the loss of Ksh468 million at National Youth Service (NYS) for lack of evidence.
The former PS is currently facing three separate trials involving the loss of Ksh226.9 million, Ksh167 million and Ksh60 million at NYS.
In the trial, she is facing charges of authorising payment of the monies for goods not supplied at NYS in the financial year 2015-2016 and 2016-2017.
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In an application filed before Milimani Anti-Corruption on Monday, June 12, 2023, the DPP through state prosecutor Vera Hamisi seeks to have three corruption cases against Omollo terminated saying none of the 37 witnesses who have testified in the cases so far, has implicated her directly or indirectly with the scandal.
"None of the witnesses have given any evidence that directly or indirectly incriminates Omollo," says DPP in the letter filed in court yesterday.
Among other reasons, the DPP wants the case dropped is that the procurement process involving the concerned tender for the supply of goods at NYS was concluded before Omollo was appointed to the office of the PS, State Department of Public Service and Youth on December 15, 2015.
"Upon review of the afresh the evidence has established that there were numerous pending bills in NYS dating back to the financial year 2013-2014 which incurred before her appointment to the state department of Public Service and Youth," the DPP states in an affidavit filed in court by principal prosecution Counsel Terry Kahoro
Further, the prosecutor reveals that Omollo first appointed the first verification committee of the multi-million tender to ensure that only payable pending bills were recommended for payment.
"None of the payments recommended by the first verification committee is subject to ongoing prosecution. She did not appoint subsequent pending bills verification committee," Kahoros states.
She adds that the evidence has established that none of the documents questioned on the ongoing prosecution such as the payment vouchers, S13, S11, LPOs and other accountable documents were presented to Omollo for her approval and she, in fact, did not approve the accountable documents.
Kahoro also says that Omollo as the PS was not the AIE holder responsible for approving the said accountable documents such as the payment vouchers presented before the courts.
"In the interest of justice and the need to prevent and avoid abuse of the court process, we pray that the charges against Lilian Omollo in the said matters be withdrawn under Section 87 (a)of the Criminal Procedure Code (CPC)," seeks the DPP.
Omollo's letter
The prosecutor says the move to have the dropper was necessitated by Omollo who wrote to the DPP seeking to review the charges against her.
"The office of the DPP received a request from Omollo seeking a review of the decision to charge her in the three graft matters pursuant to Article 157(6)(c) and 11 of the constitution and sections 4 and 5 of the ODPP Act, 2013 and the National prosecution policy," says the prosecutor.
"The DPP has exercised his power under section 5(4)(e) of the ODPP Act and reviewed the decision to charge Omollo. Upon review of the decision of the charge Omollo based on the evidence test, the DPP has in exercising his powers under Article 157(6)(c) and 11 of the constitution determined to discontinue the criminal proceedings against Omollo," the DPP adds.
The former PS was charged on May 29, 2018, together with other senior government officials including former NYS Director-General Richard Ndubai.
They denied various counts including conspiracy to commit an offence of economic crime, fraud, abuse of office and willful failure to comply with applicable procedures and guidelines relating to management of public funds.
Other charges include neglect of official duties, fraudulently making payments, breach of trust, making documents without authority, uttering false documents, false accounting, fraudulent acquisition of public property, dealing with suspect property and money laundering.
They are alleged offences committed on diverse dates between April 6, 2016, and May 13, 2017, within the Republic of Kenya.
The new development comes a day before the scheduled hearing of Ksh167 million case before Chief Magistrate Lucas Onyina tomorrow (Tuesday) June 13, 2023.
