This decision follows the failure of the Directorate of Criminal Investigations (DCI) to provide crucial evidence to the Office of the Director of Public Prosecutions (ODPP), stalling the progress of the case.
Initially investigated by the DCI, the scandal involves a Sh1.1 billion scholarship fund established during Mandago’s tenure as governor of Uasin Gishu County.
However, as the case unfolded in the Nakuru court, gaps in evidence emerged, prompting the ODPP to request additional documents from the DCI.
When the DCI was unable to supply this evidence, they recommended the withdrawal of the existing charges and suggested handing the case over to the Ethics and Anti-Corruption Commission (EACC), which had conducted a more comprehensive investigation.
Among the missing evidence were critical documents related to student admissions in universities in Finland and Canada, fees paid by each student, and the financial transactions between the Uasin Gishu County Government and educational institutions.
The DCI admitted that key details regarding the number of visas processed for students and the costs associated with a later-introduced Pathways studies program were not fully established.
Paul Wachira, Deputy Director of Investigations at the DCI, acknowledged these gaps in a letter dated September 19, stating that the EACC had obtained stronger evidence, including financial trails and original documents from the Uasin Gishu County Government.
He urged the withdrawal of the charges under Section 87(a) of the Criminal Procedure Code to allow the EACC to lead the prosecution.
Following this, DPP Ingonga, in a letter dated September 25, directed the EACC to arrest the suspects and arraign them for fresh plea-taking.
Mandago, alongside former county officials and private entities, now faces charges including conspiracy to commit economic crimes, abuse of office, and fraudulent acquisition of public property.
The scandal, which has drawn national attention, saw Sh284.4 million paid to universities in Finland and Canada, with large sums withdrawn in cash, raising concerns about the fund’s management.
Mandago and his co-accused were first arraigned in August 2023, and the trial began in July 2024, with 26 witnesses having testified so far.