Maasai Mara University has sued Vice Chancellor Mary Walingo over Sh215 million allegedly embezzled in her second tenure.
Prof Walingo who has been blocked from accessing her office had been interdicted on May 12, 2020, and suspended on August 28, 2020, after she was charged with an alleged theft of Sh177 million. The case was terminated and she was reinstated.
Prof Peninah Aloo-Obudho was appointed Vice Chancellor of the university in June.
However, in a suit filed at the High Court in Narok, the university and its council want the court to declare the Sh215,001,608, allegedly withdrawn by Walingo from Maasai Mara University Bank accounts as proceeds of corruption.
“The court is urged to issue an order that the money, illegally embezzled by the defendant (Walingo), be refunded to the university,” the university submits.
Alternatively, the university has urged the court to order the forfeiture of Walingo’s assets, equivalent to the amount mentioned.
The university, through its council chairperson Dr Kennedy Kerei, swore an affidavit last week, saying it underwent a major blow in September 2019, after rampant corruption was exposed.
Kerei submits that Walingo, who was serving her second term as the VC and a former Accountant Officer of the university, was allegedly at the centre of the corruption.
He said that the university conducted a thorough probe to ascertain the corruption allegations and Walingo became a person of interest.
“After investigations, the university discovered that the defendant had constituted a complex scheme of corruption designed to conceal the movement of illicit funds,” he deposed.
He argued that criminal charges were instituted against Walingo (Nakuru Anti-Corruption Case E002 of 2020), but the case was not heard to its logical conclusion.
The university council claims that the case was terminated by way of judicial review but even with its withdrawal, the university had a right to institute a petition seeking to recover the money lost.
Kerei claimed that on diverse dates between June 2017 and September 2019, Walingo, without approval, ordered large withdrawals of funds from the university’s several bank accounts.
“The money includes Sh79.70 million from Equity Bank, Sh80.71 million from three Cooperative Bank accounts, Sh37.02 million from National Bank, Sh7.92 million from Barclays and Sh9.63 million from KCB,” he submits.
He alleged that Walingo abused her power and influence as the university’s VC and former accounting officer, by defrauding the institution of its resources.
Further, Kerei claimed that Walingo organized a chain of other people to be conduits of her scheme, including the finance officers, the cashiers, and other employees in the finance department.
“As far as the withdrawals are concerned the defendant failed to expense as required by law, how these taxpayer's funds were used. The withdrawals were also not recorded in the cash book,” he submits.
Walingo is accused of concealing the actual amount she withdrew, forcing the university to confirm the same from the bank accounts.
“There is more than enough documentary evidence to show the defendant was the recipient of the money withdrawn from the University Bank accounts,” he submitted.
Walingo is accused of alleged negligence, fraud, recklessness, conspiracy, abuse of office, and concealment of information.
According to the chair, if Walingo is not held accountable the members of the institution will continue suffering from the challenge of insufficient funds.
“Despite demand and notice of intention to sue, the defendant has failed to admit liability on her part,” he added.
This comes even after the Employment and Labour Relations Court in Nakuru ordered the university to pay Walingo Sh81 million for wrongful dismissal.
On September 28, 2023, Justice Hellen Wasilwa ruled that the university owed the VC Sh81,019,348 in outstanding salaries and attendant allowances, since her dismissal in May 2020.
dchege@standardmedia.co.ke
