Tobiko reads malice in Cotu suit against NSSF trustees
Director of Public Prosecutions Keriako Tobiko. PHOTO | FILE
An attempt by the Central Organisation of Trade Unions (Cotu) to lodge private prosecution proceedings against the trustees of the National Social Security Fund (NSSF) over the Sh5 billion Tassia II Development Project is malicious and intended to achieve personal interests, a trial court was told on Monday.
The Director of Public Prosecutions (DPP), through an assistant Joseph Gitonga, said there was no evidence to sustain the proceedings while opposing Cotu’s request to have former NSSF acting managing trustee Richard Lang’at and five officials prosecuted.
Chief magistrate Daniel Ogembo was informed that the case file was closed last year after a review by the DPP indicated the six “did not play any role in influencing the Sh5.3 billion award of the tender to a Chinese firm.”
“There was no evidence to warrant either a criminal prosecution or administrative action against them.
‘‘This application is frivolous, vexatious, misconceived, an abuse of the court process and it should be dismissed in its entirety,” Mr Gitonga said.
Cotu, through secretary-general Francis Atwoli sought to privately prosecute Mr Lang’at, trustee chairman Adan Daud, Finance secretary Mutua Kilaka and Labour Principal Secretary Ali Ismail.
The union claimed that action should be taken against the accused for allegedly exposing the NSSF to a contractual obligation when all funds to finance the project had not been collected from the tenants.
By approving the project, Mr Atwoli argued, the officials violated basic procurement rules.
However, the DPP’s rejoinder states that “there was no requirement that before the contract was signed, all funds should have been collected from tenants.”
Mr Gitonga said there was evidence the former Trustees directed the management to collect a certain amount in cash through the tenant purchase scheme and that there was an aggressive and elaborate plan in place to secure the funds.
A decision on whether to dismiss the Cotu filing will be made on March 31.
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