Relief for Mandago as Court Clears Him in Ksh1.1 Billion Scholarship Case

Uasin Gishu Senator Jackson Mandago has been acquitted in the case involving the alleged misappropriation of Ksh1.1 billion meant for the county’s overseas scholarship programme.

The High Court in Nakuru acquitted Mandago on Thursday, July 23, after finding that the prosecution had failed to prove the conspiracy charges against him.

Mandago, who was the Uasin Gishu governor when the scholarship programme was launched, faced the charges alongside other county officials.

The prosecution had accused them of conspiring to mismanage funds set aside to support Uasin Gishu students pursuing studies abroad.

The court’s decision clears Mandago of the charges linked to the controversial scholarship programme.

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Judge Rejects Prosecution Case Against Mandago

In his ruling, the judge said the prosecution had failed to establish a sufficient case against the accused persons.

“I find that the prosecution has failed to establish a perfect case in any of the charges herein,” the judge said.

He added that the court could not place the accused persons on their defence because doing so would shift the burden of proving their innocence to them.

“We shall be of no use to put the accused on their defence, as that shall mean shifting the onus of proving their innocence or otherwise to them,” the judge ruled.

The judge clarified that the acquittal did not amount to a definite finding that the accused persons were factually innocent of the offences they faced.

“It is simply a finding that the prosecution has failed to prove their guilt, and they are therefore constitutionally deemed to be innocent,” he said.

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Court Defends Presumption of Innocence

The judge further defended the constitutional principle that an accused person remains innocent until proven guilty.

He acknowledged that some members of the public might be unhappy with the outcome but said the courts had to uphold the rule of law and due process.

“While some people may be unhappy with the presumption of innocence, it is still the time-tested principle in all jurisdictions which apply democratic principles,” the judge said.

He added that Kenya had chosen the path of democracy and that courts had to follow the law even when the public wanted a different outcome.

“Democracy is often an inefficient and at times a messy system,” the judge said, adding that Kenya had not chosen dictatorship as a way of dealing with suspected corruption and economic crimes.

“That is not the path Kenya has taken,” he said.

The judge subsequently dismissed all the charges against Mandago and the other accused persons under Section 210 of the Criminal Procedure Code.

The court acquitted them of charges including conspiracy to commit a felony, stealing, abuse of office and forgery

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