Court backs plea deals in Sh468m NYS theft suit

Magistrate Douglas Ogoti ruling on bail application at Milimani Law Court on June 5,2018 in theft of public funds charges a number of suspects are facing. PHOTO | EVANS HABIL | NMG

What you need to know:

  • Chief Magistrate Douglas Ogoti said in a ruling that the deals would be adopted by the court.
  • Under the plea, suspects can strike a deal to compensate their victims, plead guilty or become witnesses for a lesser charge upon satisfying the Director of Public Prosecutions (DPP) that justice will still be served.
  • The magistrate made the directive after consolidating the cases saying it will help speed up the hearing because a number of accused persons appear in all the files, some witnesses listed will testify in all the files while the subject matter was the same.

A magistrate trying 50 suspects linked to the loss of Sh468 million at the National Youth Service (NYS) yesterday encouraged parties to negotiate for a plea bargain for speedy conclusion of the suit.

Chief Magistrate Douglas Ogoti said in a ruling that the deals would be adopted by the court.

Under the plea, suspects can strike a deal to compensate their victims, plead guilty or become witnesses for a lesser charge upon satisfying the Director of Public Prosecutions (DPP) that justice will still be served.

The magistrate made the directive after consolidating the cases saying it will help speed up the hearing because a number of accused persons appear in all the files, some witnesses listed will testify in all the files while the subject matter was the same.

He warned that the court will not entertain unnecessary adjournments.

So far, most of the suspects have managed to secure their release save for six junior civil servants who are still in remand after failing to raise meet bail terms, 68 days after being charged in court.

The charges were linked to theft of funds through fictitious invoices for goods such as firewood and stationery and multiple payments on one supplier invoice.

The High Court had directed that the suspects are to execute a bond of Sh5 million, produce sureties of Sh2 million and deposit cash bail of Sh1 million in court, as part of the condition for them to be released.

They are required to present their securities in court and a copy of their identification cards, a valuation report of the security, their passports and a letter of verification from the investigation officer.

Some of the suspects, including the Ngirita family, went back to the High Court and the bail terms were reviewed downwards.

But other public servants including those who were store keepers at NYS, alleged to have been sent to collect foodstuff from the Mechanical Transport Branch (MTB) stores, are yet to secure their release.

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