Economy

Kabura affidavit offers defence to NYS scam suspects

SUSPECTS

Supects linked to NYS scandal in court. PHOTO | FILE

The doubts on credibility of police investigations into the National Youth Service (NYS) scam have opened a window for the alleged masterminds of the Sh791 million theft to challenge their prosecution.

Two suspects, who are among 11 people summoned to plead to money laundering charges in the NYS scandal, have moved to court to stop the case.

Mr Paul Kinuthia Gachoka and Mr John Hope van Damme have sued the Director of Public Prosecutions (DPP), seeking to halt their arrest and prosecution.

They argue that Banking Fraud Investigation Unit officers who inquired into the case and recommended their prosecution were also under scrutiny of the Ethics and Anti-Corruption Commission for allegedly covering up the scandal.

This follows the release of a damning affidavit by Ms Josephine Kabura Irungu implicating former Devolution secretary Anne Waiguru and other senior officials.

In her explosive affidavit, Ms Kabura accuses Ms Waiguru of masterminding the alleged Sh791 million theft and cover-up as well as misleading investigative agencies from getting to the bottom of the scandal.

READ: Contractor says Waiguru used her as NYS front

She claims investigators were bribed to cover up the theft, offering the charged suspects arsenal to challenge their prosecution.

Through lawyer Stephen Gachie, the two claim they are innocent and are being used to cover up and divert public attention from the real culprits.

They claim the decision to charge them was malicious.

Ms Waiguru was grilled by EACC detectives for more than seven hours on Monday over issues raised in Ms Kabura’s affidavit.

Ms Kabura was grilled Tuesday over the affidavit. Massive looting of taxpayers’ funds happened at the NYS resulting in losses through award of contracts to fictitious suppliers estimated at Sh2 billion.

Another suspect in the case, Mr John Kago Ndung’u, recently wrote to the DPP asking that the money laundering charges be dropped and fresh investigations into the case launched.

Mr Ndung’u, in a letter to the DPP, claims detectives involved in the case were under investigation for the way they handled the matter.

The credibility of the police investigations was questioned following Ms Kabura’s affidavit over the scandal.

The 11 suspects were summoned to appear in court on March 8 to plead to 14 charges of money laundering.