Appeal court upholds acquittal of ex-PS Mangiti, 22 others in Sh47 million NYS scandal case

The Court of Appeal has upheld the acquittal of former Devolution PS Peter Oganga Mangiti and 22 others who were linked in a Sh47.6 million scandal at the National Youth Service (NYS) 10 years ago.

A three judge bench of Justices Jamila Mohammed, Francis Tuiyott, and Paul Nyamweya delivered the unanimous decision, overturning a 2022 High Court judgment that had ordered for the revival of the criminal case against the accused persons.

The judges agreed with the decision of a magistrate court, which acquitted them in March 2018 by finding that there was insufficient evidence to support the charges.

Mangiti and his co-accused had been charged with conspiring to steal Sh47.6 million from the NYS through irregular purchase of training materials for the service personnel in 2015.

The judges said the High Court failed to evaluate the evidence with reference to each accused person and erred in treating the accused as a composite when the charges facing them were individual.

"We also note in this respect that the trial (magistrate) court did analyse the entire evidence adduced in relation to each count and as against each of the accused persons, and there was therefore no justifiable reason."

The case stemmed from allegations of irregular procurement and misappropriation of public funds amounting to Sh47.6 million, paid to Blue Star Enterprises for the supply of automotive training materials to NYS.

The accused included former NYS Deputy Director-General Adan Harakhe, supply chain officers, members of the Ministerial Tender Committee, and directors of Blue Star Enterprises, the company awarded the controversial tender.

The prosecution charged the former PS and his 22 co-accused persons with multiple counts, including conspiracy to commit economic crimes, abuse of office, willful failure to comply with procurement laws, and fraudulent acquisition of public property.

The trial court acquitted them in 2018, stating the prosecution had failed to establish a prima facie case.

However, the Director of Public Prosecutions (DPP) appealed to the High Court, which in 2022 directed that the accused be put on their defence.

Aggrieved by the High Court decision, Mangiti and his co-accused lodged an appeal contesting the decision.

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