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