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DPP Noordin Haji has defended his decision to drop charges against 10 NYS 2 suspects.
He said the decision was not based on lack of evidence. The DPP said the individuals were found more suitable to appear as prosecution witnesses after reviewing the cases.
“Seven were converted to prosecution witnesses. They include junior officers whose evidence will be key in strengthening the prosecution’s case to secure convictions,” Haji said in a statement on Tuesday.
The accomplice evidence will be corroborated by other independent witnesses, he said.
Two more suspects, Stephen Macharia Kinene and Stephen Kasyoki Munyunzu, were charged following the review.
“It is highly regrettable that the factual position of the matter was not reported and such skewed reporting is a recipe for setting the stage for acquittals and invites negative publicity against the prosecution,” Haji said.
On Monday, the DPP dropped charges against Deputy Director of the National Youth Service Sammy Michuki and 10 others in cluster II of the NYS cases that involve the loss of Sh60 million.
Overall, more than Sh400 million was lost at the agency through fictitious procurement.
Read: DPP withdraws charges against 10 suspects in NYS scam
Principal prosecution counsel Vera Hamisi told Milimani principal magistrate Peter Ooko that Michuki, Rogers Nzioka, Simeon Kanyi, Stephen Riungu and Josephat Njoroge did not play a role in the loss of funds.
Others are Lucas Otieno, Timothy Kiplagat, Charles Makau, Jackson Juma, Humphrey Odhiambo and Bernard Masika.
Former PS Lillian Omollo, former NYS Director General Richard Ndubai, three companies and 28 other suspects were, however, charged afresh after the prosecution consolidated three files in the case.
The suspects pleaded afresh to 49 counts of the case.
Omollo and her co-accused have denied conspiring to defraud the NYS of Sh60.5 million.
The hearing of the case was adjourned on Monday and again on Tuesday until January 14. The defence asked for more time to prepare submissions after the consolidation of the charges.
In October last year, the DPP let off the hook eight suspects in the NYS scandal for lack evidence.
Four of them were turned into State witnesses in the case on the loss of Sh231 million from the agency.
Read: DPP withdraws charges against eight NYS suspects for lack of evidence
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