Fresh Reprieve For Maasai Mara University VC In Ksh177M Corruption Case

According to the prosecution, Walingo authorised expenditures from the university's bank accounts without proper documentation, amounting to millions of shillings. In particular, the court was informed that she allowed the expenditure of Ksh176 million and Ksh82 million held at the university’s bank accounts at four banks without supportive documents.

She faced two similar counts with Biket and one each with Kassaine and Almadi. Biket, the finance officer, faced two separate counts of fraud.

The charge sheet indicated that she on diverse dates between December 2017 and September 2019 jointly with others not before court, with intent to defraud, made false entries in the cash book belonging to the university purporting to show that an expenditure of Ksh82 million had been genuinely incurred.

Walingo faced four other separate counts of abuse of office and willful failure to comply with the law relating to the management of public funds. They however denied both charges and were freed on Ksh20 million each before the commencement of the trial.

However, Walingo moved to the high court on December 22, 2022, seeking to challenge the criminal proceedings which were termed malicious and trumped up and a violation of her constitutional rights.

According to the embattled VC, the charges were fictitious and trumped up because Maasai Mara University did not lodge any formal complaints about any loss or mismanagement of its funds.

Prof Walingo further accused the Directorate of Criminal Investigations (DCI) and the Director of Public Prosecutions (DPP) of overstepping their jurisdiction in initiating investigations into the alleged offences, contending that the Auditor General's report for the years between 2016 and 2022 confirmed no funds misappropriation.

"The funds alleged to have been stolen and misappropriated cannot be confirmed by the office of the Auditor General as Maasai Mara University has not attached any supporting documents nor verified by an independent auditor," stated Prof. Walingo in her affidavits.

Furthermore, the don argued that the DCI had conducted a shoddy investigation as she was arrested a year after the investigative expose that was aired on Citizen TV dubbed ‘Mara Heist’.

She claimed the investigations were marred with serious discrepancies, gaps and legal deficiencies which could not sustain the charges

"An order of prohibition be and is hereby issued against the 1st, 2nd & 3rd Respondents from investigating, recommending the prosecution or commencing any prosecution of the petitioner in respect of which Nakuru Anti-Corruption Case number E002 of 2020, – Republic v Professor Mary Khakoni Walingo & 4 others was instituted," Justice Chemitei further ruled.

The judge termed the charges sheet defective because the amount of money which was alleged to have been lost did not tally with the evidence that was produced in court.

According to the court, there was no sufficient forensic investigation done and if done, it was done in a hurry to satisfy some third parties or some ulterior motives.

“In the premises, this court is not persuaded that the petitioner and the interested parties conspired to steal the alleged funds from the Maasai Mara University. If for any chance the court was to allow the prosecution to proceed then it will be condoning an abuse of court process and subjecting the petitioner and interested parties to unnecessary litigation,” noted Justice Chemitei.

The ruling brings to an end a four-year court process which followed an investigation report on the institution after the Citizen TV expose implicated the Vice Chancellor in an intricate corruption network said to have cost the university millions of shillings.

Walingo who was suspended was, however, reinstated by the court on January 2023 which ordered her compensation.

Entrance to Maasai Mara University. /MAASAI MARA UNIVERSITY