Mandago, seven others to face fresh charges over Finland education saga

Uasin Gishu Senator Jackson Mandago. [Peter Ochieng, Standard]

Uasin Gishu Senator Jackson Mandago and seven others will face fresh charges in connection with the Sh50 million Finland education saga.

 Director of Public Prosecutions (DPP) Renson Ingonga approved the charges proposed by the Ethics and Anti-Corruption Commission (EACC), which has been probing the Sh1.1 billion scholarship programme.

The programme was founded and run by the Uasin Gishu County government during Mandago’s tenure.

 These developments followed the Office of the Director of Public Prosecutions (ODPP) failed attempt to obtain critical evidence from the Directorate of Criminal Investigations (DCI) after identifying gaps in the case.

The DCI asked the ODPP to withdraw the case before a Nakuru court and replace it with evidence from the EACC probe.

 In their defence, the DCI said they were unable to trace the money, but the EACC had succeeded. DCI Deputy Director of Investigations Paul Wachira wrote to Ingonga on September 19, indicating their intent to withdraw the charges against Mandago, Meshack Rono, Joseph Kipkemboi Maritim, and Joshua Lelei.

 The DCI believes the EACC has stronger evidence that could lead to convictions and the recovery of the stolen money. According to the DCI, they were unable to establish how many students were admitted to Finland's universities, including Tampere, Laurea, Jyvaskylla, Gradia Consortium College, Metropolia, and LUT.

 They also failed to determine the amount of academic fees and other costs paid by each student. “Original documents were not obtained as they had already been collected by EACC,” Wachira wrote in the letter.

The DCI could not establish how many students were admitted to Canada's universities, including Thompson Rivers, Northern Lights College, and Sternberg College, nor the academic fees paid.

 Wachira added that the DCI could not determine how many visas were processed at the Embassy of Finland and the High Commission of Canada or the visa processing fees.

Additionally, the DCI did not cover agents who linked the Uasin Gishu County government to the universities, though their evidence was crucial.

 The DCI said they could not establish at what stage the programme was introduced, how it was offered, or its cost per student. “All this information was sought through Interpol and Mutual Legal Assistance (MLA) to both countries, but no response has been received,” said Wachira.

 He noted that these gaps have featured prominently in court hearings, with defence counsels using the lack of information to their advantage.

Since the EACC holds the original documents and conducted investigations in Finland and Canada, Wachira requested the anti-graft agency to present its case.

 “It is our request that the case before the Nakuru Chief Magistrate’s Court be withdrawn under Section 87(a) of the Criminal Procedure Code, and the accused persons be charged afresh based on the EACC investigation,” Wachira said.

 Ingonga wrote to the EACC on September 25 approving the new charges and the inclusion of more suspects. “Further to my letter dated November 16, 2023, I direct that the suspects be arrested and arraigned for plea-taking.”

 The new suspects include Phylis Wanjiku Warigi (Gender Officer, Deputy Governor's Office), Tony Kibet Tanui (Principal Education Officer, Youth Affairs and Sports Department), Joel Rutto (Director, County Education Revolving Fund, Youth Affairs and Sports Department), Skill Dove Limited, and any other entities that fraudulently acquired funds.

 Mandago and the others were first arrested and arraigned on August 17, 2023, before the Nakuru Chief Magistrate's Court, where they pleaded not guilty.

Another suspect, Joseph Kipkemboi Maritim, remains at large and is believed to reside in Canada, with a stop order registered by the Directorate of Immigration Services.

 The hearing began on July 1, 2024, with 26 witnesses having testified so far, and 12 more witnesses bonded.

The accused face charges including conspiracy to commit economic crimes, abuse of office, breach of trust, fraudulent acquisition of public property, and uttering false documents under Section 353 of the Penal Code.

 EACC investigations revealed that Sh284.4 million was paid to universities in Finland and Canada, Sh315.9 million to foreign agencies, and Sh50.7 million to local agencies. Another Sh308.9 million and Sh74.2 million were withdrawn in cash.