Controversial businessman Benson Gethi Wangui risks a 14- year jail term and possible confiscation of his property after the Director of Public Prosecution (DPP) Keriako Tobiko approved money laundering charges against him in the Sh791 million National Youth Service (NYS) saga.
Besides Mr Gethi, Mr Tobiko allowed money laundering charges against the businessman’s mother Charity Wangui Gethi, kin Anthony Gethi Kihara and Sister Jedidah Wangari Wangui.
The family members will be charged alongside lawyers Patrick Ogolla Onyango, John Kago Ndung’u and Martin Gachara Wanjohi. Also to be charged are five business associates - including businesswoman Josephine Kabura Irungu, Jedida Wangari Wangui, John Hope Vandamme, Paul Kinuthia Gachoka and Samwel Wachenje.
Investigators have accused the 11 suspects of colluding to wire Sh791 million out of the NYS coffers and using part of it to purchase property they later concealed under phony firm names.
“The DPP is satisfied that the evidence establishes the offence of money laundering contrary to section 3 and 4 of the Proceeds of Crime and Money Laundering Act against the suspects,” the DPP’s office said in a statement.
Mr Tobiko had On September 25 directed the CID to carry out further investigation into the possible money laundering on the Sh791 million allegedly stolen from the NYS, a task finalised by the Banking Fraud Investigation Unit (BFIU) on January 21.
BFIU suspects that that Mr Gethi and his associates may have wired funds to lawyers who purchased a number of assets on their behalf.
The confirmation of charges means that apart from serving a jail term, the courts could open property forfeiture proceedings against any of the 11 suspects found guilty.
The Proceeds of Crime and Money Laundering Act also empowers courts to wind up any firm found to have involved itself in illegal transfer of cash.
The Assets Recovery Agency (ARA) has earmarked for seizure parcels of land, houses and the Range Rover believed to have been bought with proceeds of the NYS cash theft.
Mr Gethi’s mother has however moved to court seeking to block ARA claiming she her family does not own any of the properties.
Mr Gethi is currently out on a Sh3 million cash bail after he, together with other officials from the Devolution ministry, were charged with stealing the NYS money.
He faces the fraud charges alongside former NYS boss Nelson Githinji and former Planning PS Peter Mangiti. All have denied all the charges.
The NYS scandal also forced former Devolution and Planning secretary Anne Waiguru out of office in November last year. Last year, the Ethics and Anti-Corruption Commission cleared Ms Waiguru over the NYS scandal.
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