Mandago trial: State closes case after two years, 138 witnesses

The prosecution has closed its case in the Sh1.1 billion Uasin Gishu overseas education programme trial facing  Senator Jackson Mandago and two others, after proceedings that lasted more than two years.

On February 16, Senior Principal Magistrate Peter Ndege is expected to set a date for a ruling on whether the accused have a case to answer.

Mandago, a former Uasin Gishu governor, is charged alongside Meshack Rono and Joshua Lelei, who are current and former county officials.

The three face 10 charges, including conspiracy to steal, theft, forgery and abuse of office, among others, arising from the overseas education programme.

The case, which began on August 16, 2023, saw 138 witnesses testify and more than 600 exhibits produced.

The trial was marked by drama, emotion and confusion as victims, county officials, lawyers and ward representatives took the stand.

The prosecution team, comprising State counsels Angeline Chinga, Moses Macharia and Dan Smith, had initially lined up at least 202 witnesses.

Among the key witnesses was Mercy Tarus, a victim who publicly criticised leaders over the alleged scandal.

Uasin Gishu Governor Jonathan Bii, who was initially listed as a witness, was adversely mentioned in the proceedings since the programme continued under his administration, which began in August 2022.

Some witnesses who had received refunds did not testify.

Mandago and his co-accused were arrested after presenting themselves to the Directorate of Criminal Investigations (DCI) on August 16, 2023.

They were initially to be charged alongside Jackson Maritim, the former Chief Officer for Youth and Sports, who was then in Canada. Maritim was arrested in December after returning to Kenya and charged with six counts of fraud, forgery and abuse of office. His case is being tried separately.

According to the charge sheet, the accused allegedly conspired to steal Sh1.1 billion from KCB Bank, Eldoret, between March 1, 2021, and September 12, 2022.

The money, deposited in a trust fund account, was meant to pay fees for students from the county who were to join universities and colleges in Finland and Canada.

Rono and Lelei were also charged with stealing Sh56.5 million from KCB Eldoret Branch between June 2021 and September 12, 2022.

Mandago is accused of abusing his office as governor by signing a Memorandum of Understanding (MoU) with a university in Finland on behalf of the county without approval from the County Assembly.

The hearing opened on July 1, 2024, with testimony from Joel Chelule, chairperson of the county’s Education Revolving Fund, who distanced himself from the programme.

He said he discovered during a meeting on October 3, 2022, that he had been listed as a trustee alongside Maritim, Rono, Susan Keino, Joel Ruto and Loice Chelimo.

“We asked to be removed,” he testified.

However, Chelule admitted that he accompanied Mandago to Finland when the MoU was signed and received an allowance of about Sh700,000.

Parents and students narrated shattered dreams and the lengths they went to raise fees, including selling property, taking bank loans and fundraising.

Enock Cheruiyot testified that his father, Samuel Soi, sold family land to raise Sh918,000 for his fees, but he never got the chance to travel to Finland.

“In the end, we lost the family land and the Sh918,000 has not been refunded,” he said.

On July 24, 2024, Governor Bii’s name featured prominently in the case.

David Saina, a teacher, told the court that he paid Sh1.072 million between September 21 and October 12, 2022, when Bii was in office, to facilitate his son’s studies in Finland.

“I blame the new governor because I paid the money during his tenure,” he said.

Two months later, Bii ran into trouble after the court ordered his arrest alongside former Deputy Governor John Barorot and two others for failing to attend court.

“Warrants of arrest are hereby issued against the four for failing to attend court and testify,” ruled Ndege.

The court also summoned Tarus for unlawfully discussing the case publicly while it was still active. She was warned to desist or risk jail for contempt of court.

During the hearing, Barorot testified that the Sh1.1 billion figure was exaggerated, claiming evidence showed the county owed parents about Sh100 million.

He said approximately Sh92 million had been traced, leaving only Sh8 million unaccounted for.

“The only money we could not trace was Sh8 million, out of the Sh100 million owed to parents,” he testified.

The case took another turn in October 2024 when the DCI recommended its withdrawal and replacement with a case led by the Ethics and Anti-Corruption Commission (EACC), a move that failed.

The trial concluded last Friday with testimony from Chief Inspector Martin Munene, the investigating officer.

He was questioned over alleged shoddy investigations but maintained that the evidence showed the three accused were involved in a sham programme.