Uasin Gishu Senator Jackson Mandago at the Nakuru Law Courts on September 11, 2024.
Uasin Gishu Senator Jackson Mandago and seven others are set to face fresh charges in connection with Sh50 million Finland education case.
This after the Director of Public Prosecutions (DPP) Renson Ingonga approved the charges proposed by the Ethics and Anti Corruption Commission (EACC) in the ongoing education scholarship scam probe.
Already, the former governor and others are facing similar charges following a probe by the Directorate of Criminal Investigations (DCI) at a Nakuru court.
The DPP has now given the EACC the green light to arrest and charge the senator and others in the Sh1.1 billion scholarship programme founded by the Uasin Gishu County government during his tenure as governor.
The commission’s investigating officers had traveled to Finland and Canada and interrogated students there over the saga as per the forwarding file to the DPP.
In his response, the DPP observed that based on the evidence adduced there was evidence to charge the former governor and others.
Mr Ingonga then replied to EACC via letter dated September 25 approving the new charges and more suspects listed in the EACC probe file.
“Further to my letter dated 16th November 2023, I direct that the suspects be arrested and arraigned for plea-taking. This has been occasioned by the fact that the DCI has abandoned the case that was filed in Nakuru,” stated the DPP.
The other new suspects include Phylis Wanjiku Warigi (Gender Officer, Deputy Governor's office), Tony Kibet Tanui (Principal Education Officer, Youth Affairs and Sports Department), Joel Rutto (Director, County Education Revolving Fund Youth Affairs and Sports Department) and Skill Dove Limited, and any other entity that fraudulently acquired monies related to the fund.
The approved probe file is part of the Sh1.1 billion Finland scholarship scandal and it also involves a separate probe that was conducted by the EACC sleuths.
Investigations by EACC reveal that Sh284.4 million was paid to universities in Finland and Canada, Sh315.9 million was paid to foreign agencies, and Sh50.7 million was paid to local agencies.
Another Sh308.9 million and Sh74.2 million was however withdrawn in cash.
The developments come in the backdrop of failure on the part of the DCI to furnish the the Office of the Director of Public Prosecutions (ODPP) with critical evidence to prosecute the case.
The ODPP indicated that it had noted a number of gaps as the case kicked off in a Nakuru court.
In a bid to build a water-tight case in the matter that has grabbed headlines for months, the ODPP asked the DCI to supply it with the evidence, which included key documents to ensure the prosecution progressed well.
However, in a turn of event, the DCI instead asked the ODPP to withdraw the current case before in court against senator Mandago and three others and replace it with the case by the EACC which has been under probe and has the detailed information sought.
Some of the concerns raised by the DCI in the cover notes, was that they had not gotten the money trail in the matter, which EACC had established in their probe.
According to Deputy director of investigations at the DCI Paul Wachira, in his letter to Mr Ingonga on September 19, he indicated their intentions to withdraw the charges against Mandago, Meshack Rono, Joseph Kipkemboi Maritim and Joshua Lelei.
The DCI admitted that before the matter was registered in court they had not covered a number of areas and that the EACC probe has stronger evidence that can lead to the conviction of the suspects and enable them to recover the stolen money.
The DCI noted that the number of students admitted to Finland's Universities namely Tampere, Laurea, Jyvaskylla, Gradia Consortium College, Metropolia and LUT and the amount of academic fee and other incidental costs paid by each student was not established in their probe.
“There was no securing of original documents were not obtained as they had already been collected by EACC and the number of students admitted in Canada's Universities namely Thompsons Rivers, Northern Lights College and Sternberg College and the amount of academic fee and other incidental costs paid by each student was not known,” said Wachira in the letter, the Nation.Africa is privy to.
“The number of Visas processed at Embassy of Finland and High Commission of Canada for students who were to travel to Finland and Canada respectively and the visa processing fee was not known.”
The DCI informed the DPP that there are agents who were the link between the County Government of Uasin Gishu and the universities in both countries and their evidence is crucial and that the issue of Pathways studies program which was introduced later by Finland universities became pertinent during the hearings was not covered.
Also, the DCI revealed that they did not establish at what stage the program was introduced, how was it being offered either online or physically and by whom, how much did it cost per student, how many students participated in the program and was the cost inclusive in the whole academic year fee.
“All the above information was sought through Interpol and Mutual Legal Assistance (MLA) to both countries but so far no response has been received,” Mr Wachira stated.
He continued, “So far the above-stated issues have featured prominently in the hearings and the defense counsels are taking advantage over the lack of such important information.”
The DCI officer disclosed that they had observed biases by the trial court whereby it appears to be a defense driven trial as witnessed in the previous hearing date when trial court went ahead to issue warrants of arrest to prosecution witnesses by an application by the defense with full defiance of court procedures to issue summons as played by the prosecution.
“This was a clear indication of a violation of court process by the trial court,” he said.
Mr Wachira argues that since EACC has in custody of original documents which they took from the County Government of Uasin Gishu and they further travelled to Finland and Canada for investigations to obtain evidence from various institutions it is good for the anti graft agency to introduce their case.
“It is our request that the case before the Chief Magistrate court Nakuru court number 5 be withdrawn under Section 87(a) of Criminal Procedure Code and the accused persons be charged afresh via the case being investigated by Ethics and Anti-Corruption Commission (EACC),”Mr Wachira added.
Senator Mandago and the other persons were first arrested and arraigned on August 17, 2023 before Chief Magistrate's Court Nakuru and a plea of not guilty was entered.
The other suspect Joseph Kipkemboi Maritim is still at large and is believed to be residing in Canada.
The DCI documents that a stop order was registered with the Directorate of Immigration Services and hearing of the matter started on July 1, 2024 and so far 26 witnesses have testified and so far 12 witnesses have been bonded.
They are to face charges of conspiracy to commit an offense of economic crime, abuse of office, breach of trust, fraudulent acquisition of public property and uttering a false document contrary to Section 353 of the Penal Code
