Waiguru told to record statement over NYS cash theft

The Director of Public Prosecutions (DPP) wants Devolution Secretary Anne Waiguru to record a statement over the theft of Sh791 million from the National Youth Service (NYS).

Mr Tobiko has poked holes into an investigation report on the scandal conducted by the Directorate of Criminal Investigation (DCI), citing multiple government agencies and people who ought to have been questioned by the investigators.

The DPP now wants the investigation to be conducted by a multi-faceted team including officials of the Ethics and Anti-Corruption Commission (EACC), the Central Bank of Kenya, the Financial Reporting centre (FRC) and the Kenya Revenue Authority (KRA).

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The NYS scandal has caused a political storm with the opposition demanding that Ms Waiguru steps aside. The NYS falls under her docket.

She has however protested her innocence, saying that she initiated the investigations by the DCI.

“The CS has not recorded a statement regarding this matter. It is important that the CS records a statement,” said Mr Tobiko in a statement released Friday.

He added that the scope of the DCI investigation was very limited and was only concerned with offences under the Penal Code.

Mr Tobiko said that the crimes committed fell under multiple agencies and laws like Proceeds of Crime and Anti-Money Laundering Act and the Prevention of Organised Crimes Act.


He said that evidence shows that huge deposits and withdrawals were made from bank accounts belonging to several suspect companies and individuals. All the accounts are domiciled at Family Bank, KTDA branch.

“It is not clear from the file how such huge deposits and withdrawals could have been made without the suspect transactions being reported to FRC and/ or CBK as required by law,” said Mr Tobiko.

“No statement has been recorded from any official of FRC or CBK. Furthermore, no statement has been recorded from the relevant official of Family Bank.”

Mr Tobiko said that some aspects of the fraud falls under the mandate of the EACC with regard to corruption and public officers’ ethics.

KRA was also not involved to determine if there are any tax liabilities incurred or revenue offences committed in the transaction in question.

DCI officers also failed to interrogate and record suspect statements from 20 of the 22 government officials it has recommended for prosecution. Instead, the 20 recorded statements as potential prosecution witnesses.

Other crucial witnesses were also not interrogated or made to record statements, Mr Tobiko said.

“In light of the foregoing, appropriate instructions and directives will be issued to the DCI and the other relevant government agencies.”

The fraudulent dealings came to light after CBK raised the red flag over huge sums of money paid to private companies by the NYS.

Among those that the DCI wants charged are NYS deputy director-general Adan Harakhe and other senior Devolution Ministry officials Joel Kanyi Karenju, Francis Kariuki, Jennifer Manyara Mugure and Roda Kavu Makau.