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A court in Nakuru has ordered for the arrest of Uasin Gishu Governor Jonathan Bii, and immediate former deputy governor John Barorot, alongside two others.
On Monday, September 9, Senior Principal Magistrate Peter Ndege, also ordered the arrest of Stephen Lel and Edwin Bett.
“Warrants of arrest are hereby issued against the four, for failing to honour the court bond,” the court ordered.
Governor Bii, Barorot and the others were supposed to testify in Monday, September 9, in the Sh1.1 billion Finland Education Programme scandal case facing Uasin Gishu Senator Jackson Mandago and two county officials, Meshack Rono, and Joshua Lelei.
The three face 10 counts of conspiracy to steal, stealing, abuse of office, and forgery, that led to misuse of the money deposited by parents in the Uasin Gishu Overseas Education Fund account.
Ndege also summoned the star witness, Mercy Tarus to appear tomorrow (Wednesday) after he was informed that the Investigating officer was unable to reach her.
Tarus was on July 26 summoned to appear yesterday, following claims that she had unlawfully been discussing the case in public, while it was still active before court.
The court also summoned Dr Joel Chelule, the chair of Uasin Gishu County Education Revolving Fund. Chelule who testified in July has been recalled for further re-examination.
On Mnday, Prosecutor Angeline Chinga informed the court that the prosecution had bonded Bii, Barorot, Lel and Bett, alongside another, Joseph Kurgat to appear and testify.
“We bonded the witnesses with summons but none of them has appeared. Kurgat said he was unwell but the other four have not explained their absence,” we seek adjournment,” said Chinga.
According to Chinga, the four were on August 23, 2024, served with summons to appear in court. She urged the court to summon them.
She provided the court with evidence, showing the prosecution had bonded the four to appear.
Fidel Limo who acts on behalf of Lelei and Rono opposed the adjournment saying they were informed on August 25 that all the witnesses will be in court.
“We have been ready to proceed and we have travelled from Nairobi and Eldoret for the case,” said Limo.
Limo reminded the court that it is not the first time Bii failed to appear before the court and pointed out that the prosecution has for the third time sought adjournment because of county officials listed as witnesses.
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Lawyer Elijah Kibet said no excuse warranted the absence of the four top county officials and they have been taken for granted, the court of law.
“It is clear that the four had been summoned and failed to appear, we pray for warrants of arrest against them. They claim they have evidence against our clients, let them come and testify,” said Kibet.
Kibungei said that Bii and Barorot had been lined up to testify on July 1, 2024 when the trial began but they gave excuses.
He said that on July 3, through the prosecution, they wrote a letter seeking adjournment on the basis that they had a crisis meeting at the county government, following the anti-government protests by Gen Zs.
He supported the issuance of warrants of arrest against the four.
Mandago and his co-accused persons have denied 10 charges of conspiracy to steal, stealing, abuse of office and forgery in the Finland education programme saga.
The charge sheet indicates that the three conspired to steal the Sh1.1 billion from KCB Bank in Eldoret, Uasin Gishu, on dates between March 1, 2021 and September 12, 2022.
The three are out on a cash bail of Sh500,000.
The case will continue tomorrow September 11.