A former National Youth Service procurement officer, Henrick Nyongesa, has lost his case seeking damages for a ruined career and reputation. Nyongesa had challenged findings by the National Assembly's Public Accounts Committee, which linked him to procurement irregularities at the agency. He argued that the committee unfairly held him responsible and failed to give him a proper opportunity to defend himself.
The case dates back to 2016, when the Public Accounts Committee investigated NYS following media reports of alleged financial misappropriation. The committee examined several disputed transactions, including Sh791 million for a Kibera road project and Sh609 million in supply payments. Nyongesa was found culpable as head of procurement, accused of approving transactions based on forged contracts and other procurement breaches.
Nyongesa disputed the findings, arguing that changes in the government procurement structure had altered the way NYS procurement decisions were supervised. He also claimed that he had reported suspected irregularities to the Ethics and Anti-Corruption Commission before being confronted by the Cabinet Secretary in 2014. Nyongesa's main complaint was about how the committee handled the inquiry, alleging that he was not given a chance to respond to some specific allegations.
The High Court, however, found that Nyongesa was given a meaningful opportunity to respond to the allegations against him. Justice Lawrence Mugambi ruled that the committee had not breached Nyongesa's right to a fair process, despite Parliament's oversight powers being subject to constitutional scrutiny. The judge rejected Nyongesa's argument that he was questioned on only a narrow part of the inquiry.
The court also noted that Nyongesa had already left NYS before appearing before the committee and had later acknowledged working as a lecturer at Jomo Kenyatta University of Agriculture and Technology. Additionally, Nyongesa was convicted in October 2024 of making a false document and breach of trust by a public servant in a separate criminal case.
Nyongesa had sought general damages for damage to his reputation and special damages for lost salary, employment benefits, pension contributions, and professional opportunities. However, the court dismissed his petition without awarding damages, citing the length of the case and the time and resources spent by both sides. The judgment brings an end to Nyongesa's constitutional challenge.
The case highlights the importance of fair process in parliamentary inquiries and the limits of parliamentary oversight powers. Nyongesa's career has been a central part of the dispute, with his lawyers arguing that the parliamentary findings disrupted his 23-year public-service career and affected his future professional opportunities.
Key points
- The Kenyan High Court has dismissed a petition by a former National Youth Service employee seeking damages for alleged unfair treatment by a parliamentary committee.
- The court found that the employee, Henrick Nyongesa, was given a meaningful opportunity to respond to allegations against him.
- The case highlights the importance of fair process in parliamentary inquiries and the limits of parliamentary oversight powers.
