A Nakuru Senior Principal Magistrate, Peter Ndege, has rejected an application from the Office of the Director of Public Prosecutions (ODPP) seeking his recusal from a Ksh.1 billion scholarship scam case involving Uasin Gishu Senator Jackson Mandago and two others.
The case revolves around the alleged embezzlement of Ksh.1.1 billion, which was intended to fund higher education for over 125 students in Canada and Finland.
The Ethics and Anti-Corruption Commission (EACC) investigation revealed that Ksh.284.4 million was paid to universities, Ksh.315.9 million to foreign agencies, and Ksh.50.7 million to local agencies.
However, Ksh.308.9 million and Ksh.74.2 million were allegedly withdrawn in cash. The misappropriation reportedly took place during Mandago’s tenure as Uasin Gishu Governor.
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In his ruling, Magistrate Ndege defended his earlier decision to issue arrest warrants for four key witnesses who had failed to appear in court, including Uasin Gishu Governor Jonathan Bii, former Deputy Governor John Barorot, former County Attorney Stephen Lel, and County Secretary Edwin Bett.
The arrest warrants were later lifted when the witnesses appeared in court. The court summoned two additional witnesses, Mercy Tarus and Joel Koech.
The ODPP had argued that the Magistrate showed bias by issuing the arrest warrants, prompting the request for his recusal.
However, Ndege maintained that he had given the witnesses ample time to attend court, emphasizing the public interest in the case involving over 200 witnesses.