Nairobi, Kenya: The Director of Public Prosecutions Keriako Tobiko has approved money laundering charges against 11 suspects in the Sh791 million National Youth Service scam.
A lawyer who carried out transactions in the saga is among those listed to be charged after Tobiko approved the police charges.
They are accused of money laundering contrary to section three and four of the Proceeds of Crime and Money Laundering Act.
They include lawyer Patrick Onyango Ogola, John Kago, Josephine Kabura, Charity Gethi, Samuel Wachenje, Anthony Gethii Kihara, Benson Gachoka, Benson Gethi, John Hope Vandamme, Martin Gachara Wanjohi and Jedida Wangari.
Some of the suspects are already battling to save their property after the Assets Recovery Agency filed a case to seize them.
They have since denied having done any business transaction with NYS, paid any money directly or indirectly by the institution and are not directors or shareholder of any company involved in the dealings.
They have made applications in court to challenge the order issued to freeze their assets over corruption suspicion.
Ogola whose property have been frozen has confirmed he received Sh103 million from Kago but added it was conveyancing transactions.
“I co-operated with Corporal Sautet Jeremiah Matipei and made 2 detailed statements explaining that my Firm had received the total sum of Ksh 103,000,000.00 from the said Mr John Kago Ndugu for the purposes on 2 conveyancing transactions,” he says in court papers.
The lawyer said he used Sh60 million to purchase a piece of land and Sh50 million for a transaction that did not proceed and that the monies were thereafter forwarded onwards to a bank accounts designated by Kago.
The lawyer said in the course of his dealings with Kago he developed a good rapport with him that culminated in his offer to sell to his Motor Vehicle KCB 750 Z. The Range Rover is among the property targeted for selling
The preservation order was obtained at the High Court under the Proceeds of Crime and Anti-Money Laundering Act in respect of eight suspects.
It was gazetted by Anti-Money Laundering Authority director Ms Muthoni Kimani.
The ownership of the property revolves around the eight suspects and lawyers
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According to the gazette notice, the properties targeted in the order include two pieces of land in Muthaiga, a house in Rosslyn Estate, Nairobi, Eden Times Restaurant located in Mercury Building along Moi Avenue and a Range Rover Vogue all valued about Sh500 million.
They cannot be transferred, mortgaged, attached or disposed of in any way for the next six months. The Range Rover Vogue must also be seized “and surrendered to the investigating officer and be detained until further orders are made by the court”.
The theft at NYS, initially denied by his government, has dented his government’s image and led to resignation of powerful Cabinet Secretary Anne Waiguru on November 22.
Gethi is currently facing criminal charges of stealing Sh791 million from the Department of Planning in the Ministry of Devolution.
He and 22 others, including former employees of NYS, are facing related charges including the former Devolution PS Peter Mangiti and former NYS boss Nelson Githinji.
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