The Office of the Director of Public Prosecution (ODPP) has suffered a blow in its bid to prove a forgery charge in the Sh1.1 billion Finland and Canada Education Programme case.

The ODPP had lined up Lawyer Hillary Kiprop, to testify against Uasin Gishu Senator Jackson Mandago and current and former county officials Meshack Rono and Joshua Lelei.

The three are accused of being the masterminds in the alleged scandal that saw billions of shillings paid by parents from Uasin Gishu lost.

Among the charges they face is forgery.

However, in his testimony before Senior Principal Magistrate Peter Ndege, Kiprop sided with the three and he ruled out forgery claims against them.

The prosecution intended to prove that the three top officials forged a trust deed that was used to open a bank account where parents paid fees for their children’s studies.

However, Kiprop who testified as witness number 79 said he was the one who prepared the trust deed and it was authentic.

“This is the Uasin Gishu Overseas Education Trust prepared on May 6, 2021, by Marrirmoi and Company Advocates, the law firm I practice at,” testified Kiprop as he produced the deed.

According to Kiprop, Lelei approached him in March 2021, after an education forum in Eldoret, Uasin Gishu.

“He approached me and requested me to assist the county government in the registration of a legal entity- the trust,” the lawyer testified.

According to Kiprop, the trust was necessary to aid the overseas programme for students hailing from the county government.

He said there was a need for the county to register a trust to ensure it has a separate account from the public account, under the Public Finance Management Act.

“The instructions were verbal and we triggered the process of registration. Since it was to help students advance their knowledge, I offered services for free,” testified Kiprop.

He testified that under the trust, six trustees were appointed as owners of the trust and he was introduced to them.

The trustees, he testified, included Rono, Joel Chelule, Joel Ruto, Joseph Maritim, Susan Keino and Loice Jelimo.

“I witnessed as they all signed the trust deed and I took it to Nairobi for registration. After a week I made some amendments but in the long run, the deed was registered,” testified Kiprop.

Kiprop was cross-examined by Lawyer Fidel Limo, representing Lelei and he confirmed that the trust had to be separate from the county’s account. He said the same was proper.

When cross-examined by Lawyer Stephen Kibungei, Mandago’s Lawyer, he confirmed that all the trustees signed the deed.

He, however, said that he could not confirm whether the account was being run by the county government or by individuals.

“The owners of the trust are the trustees. I am not aware who instructed them but Lelei is from the county government,” he said.

Ndege asked whether the trustees signed after the amendments but Kiprop confirmed to the court that the amendment changed nothing in the signed document.

Mandago and his co-accused persons are said to have misused the money on dates between March 1, 2021 and September 12, 2022.

The hearing will continue on June 4 and 5.