Magistrate in Ksh.1B Uasin Gishu scholarship case declines to recuse himself

Nakuru Senior Principal Magistrate Peter Ndege has declined an application filed by the Office of the Director of Public Prosecutions (ODPP) seeking his recusal from the Ksh.1 billion scholarship scam case, where Uasin Gishu Senator Jackson Mandago and two other co accused persons have been charged.

Magistrate Ndege, in his ruling delivered on Wednesday afternoon, defended his decision to issue arrest warrants against four witnesses saying they had failed to honour court summons.

The four included; Uasin Gishu Governor Jonathan Bii, outgoing Deputy Governor John Barorot, outgoing County Attorney Stephen Lel and County Secretary Edwin Bett.

The ODPP had filed a petition seeking to have the Presiding Magistrate recuse himself on grounds that he portrayed bias and impartiality when he issued the arrest warrants.

The court has since lifted the arrest warrants against the witnesses who were present in court on Wednesday.

“There is no reason for me to recuse myself. The witnesses concerned herein have severally failed to attend court which has closed adjournment, despite the court allocating ample opportunities and time at the expense of other matters to have this public interest matter where there are over 200 witnesses lined up,” stated the Magistrate.

The court had also issued summons for two witnesses in the case, namely Mercy Tarus and Joel Koech.

The Ethics and Anti-Corruption Commission (EACC) in 2023 commenced investigations into the alleged embezzlement of Ksh.1.1 billion meant to fly out more than 125 students for higher education to Canada and Finland.

The alleged misappropriation occurred under the administration of former Governor Mandago, now Senator, hence charges were brought against him and other county officials during his reign.

This was after investigations by EACC revealed that Ksh.284.4 million was paid to universities in Finland and Canada, Ksh.315.9 million paid to foreign agencies, and Ksh.50.7 million paid to local agencies, while another Ksh.308.9 million and Ksh.74.2 million were however withdrawn in cash.