Three members of the Ngirita family, who are facing charges in connection with the loss of Sh468 million at the National Youth Service (NYS), have launched a court battle for three cars seized by the State.
In an application to be determined on Thursday (January 24), Phylis Njeri Ngirita, Jeremiah Gichini and their mother, Lucy Wambui Ngirita, want the High Court to set aside an order issued in October 4, last year preserving the three vehicles.
In an affidavit, Ms Njeri said two of the vehicles were financed by Platinum Credit Limited and while they continue to attract interest, they are not making use of the vehicles, which are being held at Naivasha Police station.
She said that the continued grounding of the vehicles is unlawful, irregular and unwarranted “…that the motor vehicles are co-owned with a financial institution, which financed their purchase and they continue to accrue interest whereas we have been denied the right to enjoy the property,” she said in a sworn statement, suggesting they were not bought with proceeds from NYS dealings.
She said that since the motor vehicles will be used as exhibits nothing stops the prosecution from taking photographs and the details of the cars.
While issuing the orders last year, Justice Hedwig Ong’udi directed the family to surrender the original logbooks of the three vehicles within seven days. The director general of National Transport and Safety Authority was told to register a caveat on the motor vehicles, while the registrar of titles was to register a caveat on the parcels.
But in the latest application, the family argues the agency failed to bring it to their attention the fact that another matter touching on the three vehicles was pending before another judge.
In an affidavit, Ms Njeri said that the three vehicles are also being held at Naivasha Police Station since April 2018 but this fact was not brought to the attention of the judge. She said that the police might use the order to harass the family.
Assets Recovery Agency obtained an order preserving the three vehicles, two Toyota station wagons and a pickup registered in the names of Opportunity International Wedco Limited and Platinum Credit.