NYS scam suspects fail to stop money laundering charges
Director of Public Prosecutions Keriako Tobiko. PHOTO | FILE
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Ten suspects lose bid to ride on interim order issued to lawyer Patrick Ogola halting charge.
Suspected masterminds of the Sh791 million National Youth Service (NYS) scam Monday lost a bid to stop their prosecution on money laundering charges at a criminal court in Nairobi.
The 10 suspects wanted to be part of an interim order obtained by one of the accused, Mr Patrick Ogola, who has since stalled his prosecution on money laundering charges.
Justice George Odunga on Monday clarified that the suspects seeking to be enjoined in Mr Ogola’s case as interested parties were yet to make formal filing in court and could not be allowed to “ride on the interim order.”
The judge said the suspects wanted to make a mockery of his order and turn court proceedings into a circus.
“It is very clear that the interim order herein was made in regard to the applicant and was not an extension to be enjoyed by parties who are yet to make an application before the court,” the judge said.
The 10 have snubbed earlier court sessions and will now be expected to appear in court on March 18 or risk arrest warrants being issued against them.
They are expected to answer to 15 counts of money laundering arising from investigations into the theft at the NYS.
The Director of Public Prosecutions, Keriako Tobiko, had opposed the halting of the criminal case against the suspects and has sought a clarification over the interim stay order obtained by Mr Ogola, a lawyer accused of jointly transferring Sh77.6 million to an account at Faulu Kenya in the knowledge it was stolen from the NYS.
The suspects had argued that their charges are similar to Mr Ogola’s and that the order stopping the lawyers’ prosecution should be extended to them.
Ms Josephine Kabura Irungu, who recently filed an explosive affidavit implicating former Devolution CS Anne Waiguru and other senior State officials in the scam, is among 11 suspects required to appear before the chief magistrate.
Other suspects are businessman Ben Gethi and lawyers who reportedly acted on behalf of those accused of being behind the theft.
The charges against Ms Kabura, Mr John Kago Ndungu, Mr Ogolla and Mr Ben Gethi read that between December 1, 2014 and April 30, 2015 in Nairobi they jointly engaged in an arrangement for the purchase of a motor vehicle registration number KCB 750Z, a Range Rover, at a cost of Sh23 million.
Ms Kabura, Mr Kago and Ms Charity Wangui Gethi are further charged with buying a Jeep Cherokee at Sh6.3 million with money obtained from the NYS.
Mr Samuel Mudanyi Wachenje, alias Sam Mwadime, allegedly bought a Toyota Prado worth Sh5.2 million with the money, the prosecution says.
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