Written By Gerald Gekara | |
Former Youth Principal Secretary Lilian Omollo’s request for discharge over the loss of millions at the National Youth Service (NYS) was denied.
Senior principal magistrate Eunice Nyutu dismissed the case on the grounds that courts have no authority to consider the cases after more than two years.
Two magistrates hearing separate cases in which she and other former top government officials and traders face several allegations related to the loss of cash at the state agency disregarded claims that the courts lack the authority to proceed because the statutory deadlines have passed.
A second application, which raised identical concerns, was denied.
Ms. Omollo and other high government officials, including former NYS Director-General Richard Ndubai and vendors, were charged on May 29, 2018.
They denied a number of charges, including abuse of office, criminal conspiracy, and money laundering.
The former PS also claimed that they behaved in good faith while carrying out their duties, but the court ruled that the accused persons do not have immunity from activities that constitute a crime, and that the argument that they acted in good faith may only be made during the defense hearing.
The court went on to say that the issues at hand are criminal in character and so cannot be decided by the EACC because they are not questions of public officer ethics.
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