Blow to DPP as bid to remove magistrate in Finland scholarship case is rejected

Magistrate Ndege ruled that no sufficient reasons were presented to justify the request for his withdrawal from the case.

The DPP had argued that the magistrate exhibited bias when he issued arrest warrants for five prosecution witnesses without first issuing a summons, a move they claimed was unfair.

Prosecution counsel Okachi told the court on Wednesday that the arrest orders were intended to intimidate the witnesses, causing fear and anxiety.

However, Magistrate Ndege stood firm in his ruling, stating, “The court has a duty to safeguard the rights of the accused persons, who have been incurring costs to attend hearings, only for the sessions to be adjourned due to the absence of prosecution witnesses.”

The court noted that the delays and additional expenses caused by missing witnesses were negatively impacting the accused, who have faced prolonged legal proceedings.

The magistrate dismissed the DPP's application and allowed the trial to continue.

The case involves Uasin Gishu Governor Jonathan Bii, former Deputy Governor John Barorot, outgoing county attorney Stephen Lel, and county secretary Edwin Bet, all of whom were in court during the hearing.

Despite the DPP's efforts, the trial will proceed under Magistrate Ndege's oversight.

The accused allegedly conspired to embezzle Sh1.1 billion from KCB Bank in Eldoret, Uasin Gishu, between March 1, 2021, and September 12, 2022. The funds were meant for the county's education program, which supported students studying abroad.

According to court records, the funds were intended to be transferred to various universities. Tampere University received Sh113,750,634, JAMK University was allocated Sh657,500, Northern Lights University received Sh5,023,480, and Elimu University got Sh3,249,220.

Other institutions also received funds, including LUT University (Sh6,552,000), SCI Stenberg (Sh7,570,500), Edu Excellence College (Sh145,816,300), and Eton College Vancouver (Sh2,196,000).

Between September 2021 and September 2022, around 202 students were sent to Finland under the program. Of these, 67 were admitted to Laurea University of Applied Sciences for nursing studies, 25 joined Jyvaskyla University, and 111 were enrolled at Tampere University.

Each student paid Sh1.19 million for tuition fees, along with additional costs for air tickets, accommodation, and insurance. However, reports indicate that some of the universities did not receive the full funds, leaving the students at risk of deportation.

Governor Bii, along with former governor Jackson Mandago and other co-accused, have pleaded not guilty to multiple charges, including conspiracy to commit theft, abuse of office, theft, and forgery.

Mandago also faces accusations of entering into unauthoriSed agreements with universities in Finland and Canada without county assembly approval.