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Maasai Mara University sues ex-VC in Sh215 million embezzlement case

Former Maasai Mara University Vice Chancellor Prof Mary Walingo (Inset).

Photo credit: Pool

Former Maasai Mara University vice-chancellor Prof Mary Walingo is embroiled in another legal battle after the university council filed a lawsuit accusing her of embezzling Sh215 million during her tenure.

The suit, filed on August 19, alleges that Prof Walingo orchestrated a scheme to defraud the institution through unauthorised and irregular withdrawals from its bank accounts.

The transactions are said to have taken place between June 2017 and January 2019.

According to court documents, Prof Walingo authorised significant withdrawals from various banks.

These include Sh80 million from Equity Bank, Sh81 million from Cooperative Bank, Sh37 million from National Bank, Sh10 million from KCB and Sh8 million from Barclays Bank.

The transactions were reportedly made without proper documentation or explanation, with records showing incomplete and misleading information to hide the true extent of the withdrawals.

“The records with the university after withdrawals are incomplete and false to conceal the actual amounts withdrawn. The university had to liaise with the banks to confirm the actual amounts withdrawn,” reads part of the document.

The university claims to have launched investigations following an exposé aired on Citizen TV called "Mara heist", which implicated the VC in corrupt dealings that resulted in the loss of Sh177 million from the institution.

According to the University Council, the withdrawal of the large sums of money from the institution's accounts without authorisation is a reasonable ground to believe that the funds were obtained by illegal means and for unjust enrichment.

The court heard that the university has sufficient documentary evidence to show that Prof Walingo was the recipient of the money withdrawn from the bank accounts on the said dates.

The chairman of the council, Dr Kennedy Ole Kerei, said in his affidavit that an internal audit revealed that Sh215 million was lost during Prof Walingo's tenure.

The audit traced the funds directly to her, suggesting embezzlement and misuse of university resources. Dr Kerei said Prof Walingo's actions contributed to the university's financial difficulties.

“Money was lost from the university in the years between 2013 and 2019 in the hands of the defendant and she ought to be ordered to have the same returned. If not, the property she purchased using the same proceeds (should be) forfeited to the university,” the affidavit reads.

The latest development follows an earlier case in 2020 where Prof Walingo was accused of misappropriating Sh177 million.

Justice Hilary Chemitei, in his ruling on March 21, quashed all the charges contained in the charge sheet dated August 26, 2020, as well as the criminal proceedings against Prof Walingo and her four co-accused, which he said were flawed and unconstitutional.

She had been charged along with Deputy Vice-Chancellor for Administration Simon Kasaine Ole Seno, Deputy Vice-Chancellor for Finance and Planning John Almadi Obere, former acting Deputy Vice-Chancellor for Academic and Student Affairs Anacklet Biket Okumu and Vice-Chancellor's driver Noor Hassan Abdi.

Separately, the Ethics and Anti-Corruption Commission (EACC) last week said it was investigating procurement irregularities in the planned construction of a Sh732 million library at the institution.

"We are looking into graft allegations in the procurement process of construction equipment and materials in the planned construction of a library at the Maasai Mara University," EACC spokesperson Eric Ngumbi said in a statement. 

Additional reporting by Eric Matara