A member of the Ngirita family wants to be allowed to withdraw part of millions of shillings frozen in bank accounts linked to theft of funds at the National Youth Service (NYS) for payment of her child’s fees at a high-end school.
In the application that was to be heard Monday, Phyllis Njeri Ngirita seeks to be allowed to withdraw Sh600,000 first, arguing that she has fallen into school fees arrears of Sh3,479,929.
The high-end school, which teaches the British curriculum, charges Sh726,600 per term for pupils in years three to eight.
The case before senior principal magistrate Peter Ooko could not proceed as the accused said she wanted to file another application.
Ms Njeri, her brother, Jeremiah Gichini Ngirita and their mother, Lucy Wambui Ngitira, received Sh361 million from the NYS between November 2015 and April 2018, but the State managed to trace properties worth less than Sh100 million and undisclosed cash in bank accounts.
Ms Njeri said in her application that the freezing of the account at Kenya Commercial Bank, Naivasha branch, in June last year, has occasioned her and her dependents hardships.
She filed the application on May 30, seeking to vary the orders issued by the court on June 6, 2018, arguing that her constitutional and statutory rights and those of her children to education, nutrition, shelter and healthcare are being infringed on.
Ms Njeri, who has been charged with several counts related to the NYS scam, said her child needs school fees, and that there are threats by the school to throw his son out.
At the time of filing of the application, she said the proprietors of the high-end school were losing patience.
She said that the basic needs of the children cannot wait for the conclusion of the case and that she has also not been found guilty.
“I am deprived of means to provide for my reasonable living expenses, which has caused me and my dependants undue hardship,” she said in a sworn statement.
Documents filed in court showed that the NYS paid a total of Sh57 million directly into Ms Njeri's personal account contrary to procedure.
The Assets Recovery Agency said the payments are a clear case of fraud because there is no evidence of goods or services procured by the NYS directly from her.
The case will be heard on June 25.