Court Hands Win To Ex-PS Lilian Omollo In Ksh468M NYS Scandal

The Magistrate had granted the DPP's application, saying it was in the interest of justice and the public that "the matter be discontinued at this time".

Marvin Chege Marvin Chege
Jul 17, 2023 - 10:31 Updated: Jul 17, 2023 - 10:52
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Court Hands Win To Ex-PS Lilian Omollo In Ksh468M NYS Scandal
Former Youth Principal Secretary Lilian Omollo. /FILE

An anti-corruption court on Monday, July 17 allowed the withdrawal of a second graft case against former Principal Secretary Lilian Omollo as sought by the Office of Director of Public Prosecutions (ODPP).

Senior Principal Magistrate Peter Ooko acquitted Omollo under section 87 of the criminal procedure code in a case where she was on the spot over the alleged loss of Ksh468 million at the National Youth Service (NYS).

The Magistrate had granted the DPP's application, saying it was in the interest of justice and the public that "the matter be discontinued at this time".

Former Youth Principal Secretary Lilian Omollo during a past court session. /BUSINESS DAILY

The DPP had applied to withdraw the charges against Omollo saying none of the witnesses who had so far testified in the cases had implicated her directly or indirectly.

"Going by the evidence adduce so far, the case against Omollo would end up with an acquittal if it is allowed to proceed to conclusion," the Magistrate said.

"I, therefore, proceed to discharge her in terms of section 87a of the CPC."

The magistrate argued that based on the evidence presented so far, the case against Omollo would end in an acquittal if the case is allowed to proceed to its conclusion.

Ooko added that this could ultimately lead to the former PS for Public Service and Youth Affairs suing for malicious prosecution at the expense of the public purse.

In asking the court to drop the charges, lead prosecutor Vera Hamisi revealed that some of the payments were made in the 2013/2014 financial years when NYS was under the Ministry of Devolution and Planning, payments which were concluded before Omollo was appointed to the post.

It was revealed that after she joined former President Uhuru Kenyatta's government, the former PS appointed a committee to review all pending bills.

The magistrate agreed with the prosecution, saying it was reasonable in the circumstances to withdraw the bribery charges to prevent abuse of the court process.

"That it is in the interest of the administration of justice and the need to prevent and avoid abuse of court process that the immediate application be granted," the judge said.

A total of 12 witnesses testified at the trial, out of 42 witnesses the prosecution intends to call.

Omollo applied to the DPP's office for a review of her charges in September 2020 but did not receive a response until she filed the application.

She had indicated that immediately she assumed office, she came across over 5,000 payment claims worth Ksh10 billion from various suppliers to NYS. Some of the claims, she went on, dated back to the 2013/2014 financial years when NYS was under the Ministry of Devolution and Planning.

"Given the large number of claims and the amounts claimed by the suppliers, I diligently took various steps to ensure that the outstanding invoices were verified before any decision was taken to settle them," she said in her review application.

She explained that she initiated numerous and extensive financial and management controls to strengthen NYS's financial systems, controls and cost containment in good faith, but instead was arrested and charged.

The charges against her were that she conspired with her co-accused to commit corruption, which she allegedly did on various dates between April 6, 2016, and May 13, 2017.

Other charges included abuse of office and failure to comply with applicable procedures and guidelines relating to the management of public funds.

The prosecution had accused her of failing to comply with the law and guidelines by authorising payments to various suppliers.

President William Ruto during an inspection of the guard of honour at the NYS pass-out parade at Gilgil, Nakuru County on March 3, 2023. /STATE HOUSE KENYA

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