Former Devolution Permanent Secretary Peter Mangiti National Youth Service boss Nelson Githinji and businessman Benson Gethi at Milimani law court on Tuesday February 16,2016.


A key suspect in the Sh791 million National Youth Service scam failed to appear in court on Tuesday- a day after a sensational affidavit linking former Devolution Cabinet Secretary Anne Waiguru to the saga was made public.

The trial court was told that Josephine Kabura Irungu, who filed the affidavit dragging Waiguru’s name into the controversial Sh791 million payments, and her co-accused person –Samuel Wacheje- were unwell and could not appear for the mention of their case.

Chief Magistrate Daniel Ogembo directed that they produce their medical reports by the next hearing date. “I direct the prosecution to supply the defense with the copies of witness statements,” Ogembo also ordered.

In the case, NYS boss Nelson Githinji and Devolution Permanent Secretary Peter Mangiti were charged last year with tempering with public officers by threatening and intimidating NYS Senior Deputy Director General Adan Harakhe against reporting the loss of Sh695 million to the Directorate of Criminal Investigations (DCI).

At the same time, 23 others were charged with conspiring to defraud NYS of Sh791 million, engaging in organized criminal activity, abuse of office and breach of trust.

Regina Mungai, Fredrick Nachiche, Josephine, Peter Otwoma, Hendrick Pilisi, Ben Muchemi, Wacheje, Jane Wangechi, David Alunga, Titus Libondo, Chemos Ndiema, Naftali Githinji, Ruth Hihu, Charles Nyaachi, Mary Mbuthia, Ezekiel Kamau, James Kanuthi, Samwel Kilonzo, Philip Otunga, Jennifer Mugure, Rhoda Makau, Joel Karenju and Francis Kariuki are some of the officers to face prosecution under this offence.

The officials have also been accused of engaging in criminal activity and abuse of office.

Regina Mungai and Hendrick Pilisi were also accused of making false documents contrary to section 347(A).

Early June last year Waiguru had stated that officers in her ministry had detected irregular transactions under the Integrated Financial Management Information Systems (IFMIS) amounting to Sh826 million, but however clarified that no monies had been paid.

Yesterday fresh revelations emerged about off-the-cuff dealings of Former Cabinet Secretary Anne Waiguru at National Youth Service (NYS).

Information in a sworn statement by Josephine Kabura Irungu, a business lady, it has developed that the the Cabinet Secretary established a conduit to award NYS cronies tenders.

Details show Ms Kabura an ally of Ms Waiguru between April and 2012.

According to her, Waiguru had been tipped off to be in the Cabinet of the party she was involved in campaigns. The party later formed the Jubilee government.

She alleges meeting the former CS at KDN. She would later visit her Runda Evergreen House Number 29 to plan how to do business with government.

“We became friends and great acquaintances,” she states.

Could it be a friend turn foe tell-tale story? In occurs that the scheme to rip off Tax-payers money kicked off before the ballot was cast in March 4, 2013.

Kabura explains: “ She (Waiguru) informed me she could link me with influential and resourceful contractors at the Finance Ministry including Mr Karani Nyamu whom she introduced as (her  close friend and business associate) who she told me she had assisted in securing major contracts through his companies Verve K.O and Zinga technologies…”

More, October 7, 2014, the affidavit details Betty Maina, Personal Secretary to Ms Waiguru meeting Kabura at restaurant near Uchumi House Nairobi. In this forum, business kicked off.

“She gave me about seven copies of certificates of incorporation of the companies the CS had assisted to be registered,” Kaburas’ statement reads.

Eventually, “The Cabinet Secretary instructed me to open bank accounts for the companies at Family Bank and Specifically at Kenya Tea Development Authority Plaza (KTDA)

It was at this point, Kabura says milking the nation’s taxes would take place. November 2014, the first Local purchase Order (LPO) to her firm was issued by Hassan Noor_ Director Administration and planning Devolution Ministry, for the delivery of construction materials for Kibera project.

Hassan Noor is one of the Key officers allegedly introduced to Kabura between August and September 2014 by the Cabinet Secretary. Others include: Adan Harakhe, who is said was poised for a senior administrative position at the NYS, Mutahi Ngunyi_a consultant at NYS and Loise Nyamu Mbarire, Ms Waiguru’s Elder Sister.

“She informed me that four people excluding Loise will be of assistance in processing of tenders and payments for the goods supplied and services rendered. Loise’s role would be to pay supply Agents and move profits,” she details.

The seed capital for Kibera project was provided by the former CS to start the supply and Sh. 24 Million was brought by Loise Mbarire.

A riveting account of Kabura notes that CS Waiguru stated that, ‘in big deals, there are normal Government bureaucratic delays in remittance of payments and she therefore advised that it would be wise to have some business front to rely on.

To process the payments for the Supply, One Mr Mutahi Ngunyi is said to have facilitated the account particulars where Kabura deposited Sh 1.5 Million.