Nelson Githinji, former NYS Director General, Peter Mangiti, former Permanent Secretary, and businessman Ben Gethi have been cleared of charges in the Sh791 million National Youth Service (NYS) scandal.
In the case known as “NYS Season One,” Milimani Chief Magistrate Wendy Micheni cleared the former senior civil servants on Monday evening, stating that “the prosecution failed to produce enough evidence linking them to the theft of the hundreds of millions.”
Mrs. Micheni noted that the charges against the former senior NYS officials could have been substantiated if the prosecution had introduced electronic evidence in their attempt to incriminate the suspects.
In acquitting the three individuals, who were charged alongside other former junior staffers of NYS, the magistrate declared, “No prima facie case has been established against the suspects to warrant the court to put them on their defense.”
The magistrate, after scrutinizing the evidence presented by the prosecution witness, which detailed the roles played by each suspect, asserted that there is no direct evidence linking them to the losses incurred at the NYS.
“Having failed to establish a prima facie case against the accused persons, I hereby acquit them for lack of evidence,” the magistrate ruled.
The prosecution summoned over 50 witnesses to testify in the case, which began over six years ago. The proceedings have been presided over by more than three magistrates, including Chief Magistrate Andayi.
Mr. Mangiti, Mr. Githinji, and Mr. Gethi faced charges alongside 23 other suspects who have also been acquitted.
Nevertheless, five accused individuals are now required to present their defense in the case.