DPP Ke­ri­ako To­biko de­clines to ap­pear be­fore MPs prob­ing NYS, says it would con­flict with case

The Star (Kenya) - - Front Page -

Di­rec­tor of Pub­lic Prosecutions Ke­ri­ako To­biko has turned down Par­lia­ment’s in­vi­ta­tion to shed more light on the bil­lion-shilling-plus NYS theft, say­ing some mat­ters are ac­tive in court.

The Na­tional Assem­bly Pub­lic Ac­counts Com­mit­tee, chaired by Rarieda MP Ni­cholas Gumbo, had on Oc­to­ber 27 sent an in­vite to To­biko.

The DPP was ex­pected to ap­pear be­fore the Com­mit­tee yes­ter­day to an­swer queries on the theft of Sh791 mil­lion and the at­tempted theft of Sh695 mil­lion. Ini­tial re­ports said Sh791 mil­lion was stolen at the Na­tional Youth Ser­vice, but re­cent re­ports al­lude to more than Sh1.6 bil­lion miss­ing from the NYS.

In a let­ter, To­biko said the mat­ter is sched­uled for hear­ing in court on Novem­ber 28 and 30 and on De­cem­ber 1. He said key sus­pects in the NYS scan­dal, led by busi­ness­peo­ple Ben Gethi and Josephine Kabura, face a sec­ond charge of money laun­der­ing.

“Th­ese mat­ters are there­fore not only sub­ju­dice, but there is also a real and grave dan­ger that any­thing I might state or present be­fore the com­mit­tee... would be used by those be­ing pros­e­cuted,” To­biko said.

The DPP said that if he ac­cepts the in­vi­ta­tion, he will find him­self lit­i­gat­ing his cases be­fore two dif­fer­ent fora – as a wit­ness be­fore the com­mit­tee and a pros­e­cu­tor in court.

The com­mit­tee has so far ques­tioned Gethi, Kabura, for­mer Plan­ning PS Peter Man­giti and for­mer NYS boss Nel­son Githinji.

For­mer Devo­lu­tion CS Anne Waig­uru gave her ev­i­dence on Thurs­day last week. She linked DP Wil­liam Ruto’s al­lies to the NYS scam.


Di­rec­tor of Pub­lic Prosecutions Ke­ri­ako To­biko in Par­lia­ment on March 9

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