Noordin Haji turns junior staff against their bosses in NYS case

What you need to know:

  • The NYS cases have been divided among three magistrates, with each court handling one file after the cases were consolidated.
  • The statement by Haji said some of the accused persons and others, through their lawyers, wrote to him seeking a review of their cases. 
  • Mr Haji said Article 157 of the Constitution and section 5 of the ODPP Act allows him to review a case at any stage.

Seven persons implicated in the National Youth Service (NYS) corruption scandal who were released by the court on Monday will be used as state witnesses, Director of Public Prosecutions Noordin Haji has said.

In a statement released to the media on Tuesday, Mr Haji said seven of the 12 accused persons were junior officers whose evidence will be key in strengthening the prosecution’s case. 

He said five other individuals were still facing charges in other cluster of cases, which are pending before other magistrates.

The cases have been divided among three magistrates, with each court handling one file after the cases were consolidated.

The statement by Haji said some of the accused persons and others through their lawyers wrote to him seeking a review of their cases. 

“And upon review of the cases, it was determined that the said persons were more suitable as prosecution witnesses”.

Mr Haji said Article 157 of the Constitution and section 5 of the ODPP Act allows him to review a case at any stage. 

'OFF THE HOOK'

Among the persons whose charges were withdrawn include former acting director general of the NYS Sammy Michuki, former head of procurement at the Mechanical Transport Branch (MTB) at NYS Rodgers Nzioka, Mr Simon Kanyi Kiiru who also worked at MTB, Mr Stephen Riungu, a former Internal Auditor at the Treasury, Mr Josephat Njoroge, who also worked as an internal auditor at Treasury and Lucas Otieno, an auditor.

Also freed were Timothy Kiplagat Rotich, Mr Jackson Juma, Humphrey Odhiambo and Bernard Masika, all NYS staff.

The trail was adjourned to January 14, to allow defence team study the amended charge sheet and prepare themselves for the hearing.

The 32 suspects facing charges in the current case include former Public Service and Youth PS Lillian Omollo and former NYS Director General Richard Ndubai and 26 other civil servants and traders alleged to have received millions for goods not supplied.