Ototo Seeks Summons for DPP, Lawyer Miller, KUSCCO Officials Over Alleged Inducements in His Criminal Case

Former Kenya Union of Savings & Credit Cooperatives (KUSCCO) chief executive George Ototo has filed an application seeking to have several individuals—including top KUSCCO officials, city lawyer Cecil Miller, and the Director of Public Prosecutions (DPP)—summoned to court for questioning over their role in his ongoing prosecution.

Ototo, alongside co-accused George Mwangi, George Ochola, Jackline Atieno and Mercy Muthoni, argue that crucial documents and testimony are required for them to mount a credible defence and to establish whether their prosecution was influenced by improper financial inducements.

Ototo Wants KUSCCO Officials, Lawyer Miller and DCI Officer Summoned

Through lawyer Apollo Mboya, the accused are seeking the summoning of:

• Caroline Kaburu – KUSCCO Executive Secretary

• Pamela Wachira – KUSCCO Housing Funds Manager

• Cecil Miller – Advocate, Miller & Co.

• Inspector Moses Adeli – Directorate of Criminal Investigations

• The Director of Public Prosecutions

They argue that the individuals hold information relevant to allegations that payments were made to DCI officers, ODPP staff, and Miller & Co. Advocates during investigations leading to their prosecution.

A letter allegedly authored by Kaburu and attached to the application reportedly requests the processing of Sh100 million as facilitation for the DCI Unit and officials from the ODPP, to support “filing, printing and logistical expenses” tied to KUSCCO investigations and prosecutions.

Accused Claim Financial Inducements Influenced Investigations

The application states that the accused have documents indicating:

• Kaburu allegedly paid inducements to DCI officers and ODPP personnel.

• Wachira recommended Sh12.5 million payment to Cecil Miller & Co. Advocates under a Service Level Agreement with KUSCCO.

They argue these payments raise questions about the integrity of the investigations and whether the prosecution is tainted by improper influence.

Mboya told the court that the law requires that every act affecting the rights and liberties of accused persons must have a strict legal basis, warning that investigations or prosecutions influenced by financial benefits amount to an abuse of prosecutorial power.

Legal Basis Cited for Request

The application quotes the court’s power to issue summons requiring individuals to:

“bring and produce to the Court… all documents and writings in his or her possession or power.”

The defence argues that the ODPP Act and the 2019 Decision to Charge Guidelines require the DPP to act:

• Independently

• Without financial or personal influence

• In the interest of justice

• Free from corrupt inducements

They insist that prosecutors must not participate in decisions where financial interests could influence outcomes.

Why the Summons Are Necessary

According to the defence, the requested documents and testimony are necessary for:

• Mounting a proper defence

• Ensuring transparency around the institution of the charges

• Allowing the Court to determine whether the prosecution was driven by corrupt motives

• Safeguarding the integrity of the criminal process

Mboya adds that unless the court intervenes, the accused may be subjected to a prosecution tainted by inducement, compromising the fairness of the trial.

Background of the Charges

• George Ototo is charged with conspiracy to defraud KUSCCO of more than Sh82 million.

• Co-accused Mwangi, Otieno, Owino, Atieno and Muthoni face charges of stealing Sh83 million from the cooperative lender.

They argue that when taking a hearing date, they did not yet have access to documents showing the alleged facilitation payments