Rio Scandal: Wario Pleads Not Guilty, Kipchoge Plea Deferred

NAIROBI, Kenya- Former Cabinet Secretary for Sports, Dr. Hassan Wario on Friday pleaded not guilty to six charges of abuse of office related to the Rio 2016 Olympics scandal as athletics legend, Dr. Hezekiah Kipchoge Keino’s plea was deferred by a week at the Anti Corruption Court in Nairobi.

Wario appeared before Magistrate Douglas Ogoti alongside two other co-accused, Haron Chebet Komen a former Director of Administration in the Ministry of Sports, Arts and Culture and Patrick Kimathi Nkabu, an ex-finance officer at the same ministry with the pre-trial to their case set to be heard on November 17.

The trio were all released on a KSh2m (USD20,000) bond or KSh1m( USD10,000) cash bail.

That brought six the number of suspects who have appeared before the court in a case where the prosecution believes it has enough evidence to charge them with the misappropriation of over KSh55m (USD550,000) allocated for the Rio 2016 Rio Olympics were mismanaged.

The shameful Rio scandal erupted in the aftermath of Kenya’s best ever performance at the quadrennial showpiece where the team won six gold, six silver and a bronze where NOCK and Ministry officials were accused of embezzling money and mistreating the athletes.

Keino, who surrendered alongside Wario, Komen and Kimathi was not present in court after one of his two lawyers, Cecil Miller, presented a letter to Ogoti stating the office of the Director of Public Prosecution (DPP) had accepted his plea to be deferred by a week.

“This court had directions that he present himself at the office of DCI. He complied with the directions he was there for one day. But there's a new development, we had written a letter to the DPP raising certain issues and the DPP responded to it

“The letter indicates that the plea be deferred and that's the only reasons why the accused person is not before the court,” Miller told the anti-corruption magistrate.

Further investigations

The retired two-time Olympic champion and former president of the National Olympic Committee-Kenya (NOCK), who was briefly apprehended after turning himself in to authorities after returning to Mexico was released by Police on free bond.

“I confirm that the DPP for the letter on 17 of this month requesting the DPP not to review the charge. The DPP upon receipt of that letter wrote to the DCI (Directorate of Criminal Investigations) to write a further statement and look at the new information

“Then the DPP will review the matter and is aware that the Keino recorded a further statement and supplied some documents in support of whatever he recorded,” Emily Kamau who was leading the prosecution confirmed to the court.

“The DPP expects the DCI to carry out further investigations against the charges that we had preferred against him. We hereby request that the plea be deferred for a further seven days and we will be able to give further directions,” she added.

Ogoti then directed the plea against the honorary life member of the International Olympic Committee and NOCK to be deferred for seven days.

Wario, who sat pensively in the dock in a dark suit and Muslim hat pleaded not guilty to six charges of abuse of office contrary to Section 46 as read in section 46 (1) of the Anti-Corruption and Economic Crimes Act No 3 of 2003.

Among others, he is accused of using his office improperly to confer a benefit of KSh1.5m (USD15,000) to Adam Omar and KSh918,931 (USD9189.31) to a communication officer at the ministry Richard Abura by including them in the Rio delegation.

The former minister also conferred a further KSh498,391 (USD4,983.91) to Monica Nkina Sairo,  Eunice Kerich and Samuel Njuguna, all for the Rio Olympics

The same charges were also conferred on Komen.

Kimathi who was the ministry’s finance officer at the time denied failing to comply with applicable law relating to management of public funds by carelessly misusing public funds amounting to Sh22.5mn.

Overtaken events

The prosecution opposed a request from his defence led by Rodgers Sagana to release his travel documents to enable Wario discharge his duties as Kenya’s Ambassador to Austria from where he travelled from to surrender to police on Thursday.

“We will do that formally once they get responses form the ministry of foreign affairs on the issue of Wario’s duties at Austria. As of now since we have not communicated I can't table the relevant response.

“Any arrangement in respect to his duties have now been overtaken by events since he's been charged,” Ms Kamau told the court.

“He has now taken plea and the DPP will be communicating to the relevant offices to take relevant measures in accordance with the constitution,” the prosecutor added.

Komen faces three counts of abuse of office among them, getting air ticket to travel to Brazil without planning and he too plead not guilty.

On Monday, three other suspects, NOCK secretary general, Francis Kinyili Paul, former Principal Secretary in the Ministry, Richard Titus Ekai and Stephen Kiptanui arap Soi appeared before the same court and denied the charges and released on similar terms.