DPP Keriako Tobiko has turned down PAC's invitation to shed more light on the
Sh1.6 billion NYS theft saying the matter is before court.
Nicholas Gumbo, National Assembly Public Accounts Committee chairman, asked Tobiko to appear before his team in a letter on October 27.
The DPP was expected to appear on Tuesday.
But in a letter today, Tobiko turned down the request saying the matter under probe was before a competent court of law.
"Mr Chairman, you would be aware one of the matters in respect of which I have been invited by your committee to appear and give evidence on, namely, the theft of Sh791 million and attempted theft of Sh695 million is the subject of Criminal Case CMS Court Cr. C No. 1905/2015 (republic-vs-Eng. Peter Mangiti & 24 others," Tobiko wrote in his refusal letter.
The DPP further said the matter is "live" before a competent court and is scheduled for further hearing on November 28 and 30, and on December 1.
Tobiko also noted that key suspects in the National Youth Service scandal, led by business people Beth Gethi and Josephine Kabura, are facing a second charge of money laundering.
"These matters are therefore not only subjudice, but there is also a real and grave danger that anything I might state or present before the committee...would be used by those being prosecuted," he said.
The DPP further said that if he accepts the invitation, he will find himself litigating his cases before two different fora - as a witness before the committee and a prosecutor in court.
The committee has so far questioned Gethi, Kabura, former Planning PS Peter Mang'iti and former NYS boss Nelson Githinji.
Star witness Anne Waiguru, who is former Devolution Cabinet Secretary, gave her evidence on last Thursday, linking Deputy President William Ruto's allies to the NYS scam.
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