Key Sh791m NYS theft suspects lose bid to halt charge
Ms Josephine Kabura. PHOTO | FILE
Key suspects in the Sh791 million National Youth Service (NYS) scam have lost a bid to quash a second prosecution over money laundering.
Ms Josephine Kabura, Mr Ben Gethi and lawyer Eric Ogola will now be charged on August 15 at the Milimani Law Courts in Nairobi where they are also charged alongside eight others with theft of the NYS cash.
In a ruling, chief magistrate Daniel Ogembo said a preliminary objection they filed seeking to defer the money laundering case until the first trial ends “lacked merit.”
They will, however, appeal the ruling, their lawyers said.
Mr Ogembo ruled that there was no justified reason for their trial, which has been delayed for more than six months, not commence.
He has directed that they plead to the 15 counts preferred against them by the Director of Public Prosecutions (DPP) on August 15. They were initially expected to plead to the charges in February.
Justice Joseph Onguto, on June 29 dismissed seven applications filed by the suspects, saying the DPP had not abused his powers in preferring the charges as claimed.
The judge said the court could not interfere with the DPP’s powers to prosecute suspects except under certain circumstances.
He said it was not for the High Court to determine the innocence of the accused persons but it is for the trial court to make a determination upon trial.
Mr Justice Onguto said money laundering could be a stand-alone charge as along as there was evidence despite the fact that is a new offence.
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