The Director of Public Prosecutions (DPP) on Thursday failed to supply two lost and found payment vouchers used to pay the Ngirita family, stalling the National Youth Service (NYS) theft trial.
The 37 suspects told trial magistrate Douglas Ogoti that it was mischievous for the DPP not to supply them with all witness statements detailing payments to Phyilis Njeri Ngirita and Lucy Wambui Ngirita and their companies. The statements included witness testimonies, vouchers, bank statements belonging to Phyllis and vouchers which went missing during investigations.
Even after the court adjourned on Wednesday for the DPP and the suspects to share the new evidence, the prosecution failed to disclose the documents to defence lawyers. This compelled the magistrate to adjourn the case to December 3.
The vouchers are among documents that prosecutors now want to use as evidence in the trial as they seek to prove that Catherine Wanjiku Mwai, Lucy, Anne Ngirita, Phyllis and Jeremiah Ngirita received Sh918 million though they had not supplied anything to the NYS.
Others include former Public Service and Youth Affairs PS Lilian Omollo and former NYS Director-General Richard Ndubai. They are accused of theft of funds at the NYS through fictitious invoices for goods such as firewood and stationery and multiple payments on one supplier invoice.
Phyllis is accused of receiving Sh50 million for goods allegedly not supplied. The two payment vouchers were misplaced during document examination while the bank statements detailing payments were left out as an oversight, said the DPP.
Under contention was a witness statement by Sebastian Mokua, a procurement officer at the Youth ministry, who produced documents detailing payments to the Ngiritas. “These documents are totally new to us. Despite repeated directives that the defence be supplied with documents the prosecution has not heeded the orders,” Mr Ndubai’s lawyer Migos Ogamba said.
Stephen Ligunya, for Ms Omollo and Mr Ogamba, urged that the DPP be compelled to supply them with all documents.