Uasin Gishu Governor Jonathan Bii has directed the County Legal Team to explore alternative dispute resolution mechanisms following the acquittal of Senator Jackson Mandago and his co-accused in the Finland education scholarship case.
In a statement on Monday, July 27, he said the county would respect the ruling by the Nakuru Law Courts while pursuing lawful avenues to address the concerns of parents who lost money after their children were denied opportunities to study abroad.
Bii clarified that the Overseas Education Programme was not a county government initiative and that the funds contributed by parents were not deposited into any county government account.
"It is important to clarify that the Overseas Education Programme was not a County Government programme. Furthermore, the funds contributed by parents were not deposited into any County Government account. Nevertheless, given the public concern surrounding the matter and its impact on many families within our county, we recognize our moral and leadership responsibility to support efforts aimed at finding a lawful and lasting resolution," the statement read in part.
Bii said the financial losses suffered by parents who sought overseas education opportunities for their children remained a major concern.
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"The financial losses suffered by parents who sought overseas educational opportunities for their children remain a matter of great concern," the statement added.
Explaining the saga, Bii said the County Assembly received a petition from affected parents in 2022 after their children were denied the opportunity to study in Finland.
Following its deliberations, the Assembly directed his office to form an ad hoc committee to investigate the matter.
Bii said the committee, chaired by the then Deputy Governor, recommended that the issues raised be subjected to further investigation by relevant government agencies.
While respecting the court ruling delivered on Thursday, July 23, he said several questions surrounding the matter remained unanswered, including the fate of the children whose parents lost their money and the responsibility of those who received or managed the funds.
Bii also questioned whether any refunds had been made and, if so, to whom and through which accounts.
"Article 159(2)(c) of the Constitution of Kenya recognizes alternative dispute resolution mechanisms, including mediation, reconciliation and other community-based processes.
"Guided by this constitutional provision, and by the County Governments Act, I am committed to pursuing every lawful avenue that promotes the public interest and helps affected families obtain justice and closure," the statement further read.
Bii said he had directed the County Legal Team to explore the possibility of resolving the matter through the Alternative Justice System (AJS), while also engaging elders, members of the clergy and the County Assembly leadership.
"I have therefore directed the County Legal Team to explore the possibility of resolving this matter through the Alternative Justice System (AJS). I have also engaged respected elders, members of the clergy and the leadership of the County Assembly to support an inclusive and expeditious mediation process aimed at achieving a fair, amicable and lasting resolution," the statement explained.
Bii assured affected parents and students that the county government would continue supporting lawful efforts aimed at promoting accountability, transparency and justice.
"To the affected parents and students, I assure you that the County Government will continue to support all lawful efforts that promote accountability, transparency and justice. My appeal to all parties is to participate in this process in good faith so that we can bring this matter to a dignified and lasting conclusion," the statement concluded.
A Nakuru court ruled that the prosecution had failed to establish a case against Mandago and his co-accused.
In his ruling, Senior Principal Magistrate Alloyce Ndege noted that most of the prosecution witnesses were victims who had been led to believe that a one-time payment would cover all their education costs, only to incur additional fees after making the initial payment.
"I dismiss all charges against the accused persons and acquit them," he ruled.
Speaking after the ruling, Mandago said the verdict would allow him and other parties to pursue beneficiaries who received funding from the Trust using money intended for other students.
"This verdict affords us the opportunity to now pursue those parents and children who were paid for by the Trust, using funds that were meant for other children. And whose approval was done when I had already left office. They must take responsibility," he said.
Mandago said some beneficiaries had gone on to enjoy significant benefits from the programme, including permanent houses and vehicles.
"They cannot today be enjoying permanent houses that have been built by those children. Some are driving. Some have even achieved their wildest dream of travelling all the way to Finland, a dream they would never have had if the children had not have gone to Finland," he added.
Mandago urged beneficiaries who had benefited from the programme to refund the money to the Trust to support parents and students who were still suffering.
"I therefore want to urge the beneficiaries, who know themselves, and who know they benefited from the programme, and who were supported, and are enjoying the benefits of the programme, that they should speak to their conscience and refund the money to the Trust, so that those parents who are suffering out there can get their money," he further said.
