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Post Reply: Court of Appeal Clears 23 in Sh47.6 Million NYS Corruption Case, Overturns High Court Ruling

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on May 7, 2025, 7:18 am</div><div id="pl-5259"  class="panel-layout" ><div id="pg-5259-0"  class="panel-grid panel-no-style" ><div id="pgc-5259-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-5259-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="auto">In a landmark decision, the Court of Appeal has upheld the acquittal of 23 individuals, including former Devolution Principal Secretary Peter Oganga Mangiti, in a Sh47.6 million corruption case tied to the National Youth Service (NYS) Season 1 scandal. The ruling, delivered by Justices Jamila Mohammed, Francis Tuiyott, and Paul Nyamweya, reverses a 2022 High Court decision that had reinstated charges against the accused, citing insufficient evidence and a misapplication of legal standards by the High Court.</p>
<p dir="auto">The case, which has drawn significant public attention since its inception, centered on allegations of irregular procurement and misappropriation of Sh47.6 million in public funds. The funds were allegedly paid to Blue Star Enterprises for the supply of automotive training materials to the NYS. The accused, including former NYS Deputy Director-General Adan Harakhe, supply chain officers, members of the Ministerial Tender Committee, and directors of Blue Star Enterprises, faced charges such as conspiracy to commit economic crimes, abuse of office, and fraudulent acquisition of public property.</p>
<p dir="auto">The legal saga began in 2018 when the Milimani Chief Magistrate’s Court acquitted the group, ruling that the prosecution failed to establish a prima facie case. However, the Director of Public Prosecutions (DPP) appealed to the High Court, which in 2022 ordered the accused to face trial, arguing there was sufficient evidence to proceed. Dissatisfied with this ruling, Mangiti and his co-accused appealed to the Court of Appeal, culminating in the recent decision.</p>
<p dir="auto">In its unanimous ruling, the Court of Appeal criticized the High Court’s judgment, stating, “We accordingly allow the consolidated appeals herein, and hereby set aside the judgment of the High Court delivered on July 28, 2022, in its entirety.” The bench emphasized that the prosecution’s evidence, which included testimony from 16 witnesses such as Ethics and Anti-Corruption Commission (EACC) investigators and NYS staff, was inadequate to sustain the charges. Key issues raised by the prosecution, including claims that Blue Star Enterprises was not a pre-qualified supplier and that the procurement process violated the 2014/2015 procurement plan, were deemed insufficiently substantiated.</p>
<p dir="auto">The Court of Appeal’s decision marks a significant victory for Mangiti and his co-accused, who have maintained their innocence throughout the nearly decade-long legal battle. The ruling also underscores the judiciary’s commitment to ensuring that convictions are based on robust evidence, particularly in high-profile corruption cases that carry significant public and political weight.</p>
<p dir="auto">For legal practitioners and observers, this case highlights the complexities of prosecuting corruption allegations in Kenya, where procurement processes and tender awards are often scrutinized for irregularities. It also raises questions about the balance between holding public officials accountable and ensuring that charges are supported by concrete evidence.</p>
<p dir="auto">As Kenya continues its fight against corruption, the acquittal of Mangiti and his co-accused serves as a reminder of the importance of due process and the high evidentiary threshold required in criminal proceedings. The decision is likely to spark further debate on the effectiveness of anti-corruption mechanisms and the need for thorough investigations before cases reach the courts.</p>
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