Court declines to stop accountant's trial in Sh791m NYS theft claim

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Justice Wilfrida Okwany said the petition by Samuel Kilonzi lacked merit adding that the issues he was raising would be addressed by the trial court.
Mr Kilonzi, who was an Accountant II at NYS between May 2015 and November 2015, wanted his trial stopped arguing that the charges against him were brought with malice.
He argued that as a voucher examiner, he was not involved in the initial stages of tendering or procuring or actual preparation of Local Purchase Orders (LPOs).

The High Court Monday refused to quash charges against a former accountant at the National Youth Service, facing trial over the loss of Sh791 million at the agency.

Justice Wilfrida Okwany said the petition by Samuel Kilonzi lacked merit adding that the issues he was raising would be addressed by the trial court.

Mr Kilonzi, who was an Accountant II at NYS between May 2015 and November 2015, wanted his trial stopped arguing that the charges against him were brought with malice. He argued that as a voucher examiner, he was not involved in the initial stages of tendering or procuring or actual preparation of Local Purchase Orders (LPOs).

Mr Kilonzi further told the court that the prosecution had initially treated him as a witness only to turn around and charge him with five counts. He is among the 25 suspects including former Principal Secretary Peter Mangiti and former NYS Director-General Nelson Githinji who are on trial.

He is facing charges of stealing Sh791 million, conspiracy to defraud, engaging in organised crime, abuse of office and breach of trust.

Justice Okwany said in the ruling that the trial magistrate will analyse evidence before him and find whether Mr Kilonzi is guilty.

Mr Kilonzi had also accused the prosecution of failing to supply him with witness statements and other documents, to be relied upon, in the trial thereby denying him the right to fair trial.

“From the foregoing, I decline to grant the orders sought in the petition, which I find to be bereft of merit,” the judge said adding that the alleged loss of the colossal amount at the NYS was public knowledge and therefore a matter of great public interest.

She said whether there is sufficient evidence to sustain the case is a matter that falls within the purview of the trial court.

Other suspects facing charges in the Sh791 million loss are businessman Ben Gethi, Ms Josephine Kabura, Mr Fredrick Okello, Mr Peter Otwoma, Mr Hendrick Pilisi and Ms Jane Wangechi.

Others are Mr David Alunga, Mr Titus Libondo, Chemos Ndiema, Mr Naftali Githinji, Ms Ruth Hihu, Mr Charles Nyaachi, Ms Mary Wangui, Mr Ezekiel Kamau, Mr James Gitau, Mr Philip Otunga, Ms Jennifer Mugure, Ms Rhoda Makau, Mr Joel Karenju and Mr Francis Kariuki.

The Sh791 million was allegedly siphoned through fraudulent payments to six companies.

The companies were contracted to procure goods and services to NYS include Form Home Builders, Roof and All Trading and Reinforced Concrete Technologies, Dracol Capital, Grumam Engineering and Tegmen Trading, mostly owned by Ms Kabura, Ms Mungai and Mr Otwoma.

The trial is ongoing.