Relief for NYS suspects as judge grants them bail after 23 days in custody

NYS suspects Phylis Njeri Ngirita (left), Ann Ngirita (centre) consulting their lawyer Cliff Ombeta at Milimani law court. [Beverlyne Musili/Standard]

For 23 days, the 43 suspects charged with defrauding Sh468 million from the National Youth Service languished in Industrial Area and Lang’ata prisons, unsure of when they would walk to freedom.

Their agony was exhibited by hordes of family members who thronged the High Court yesterday as Lady Justice Hedwig Ong’udi overturned the decision by a chief magistrate to deny the suspects bail and ordered that they be released, albeit on tough conditions.

According to Justice Ong’udi, there were no compelling reasons to warrant keeping the suspects in custody while the case proceeded. She wondered how Chief Magistrate Douglas Ogoti arrived at finding that the suspects were a threat to national security.

Justice Ong’udi dismissed reasons given by the Director of Public Prosecutions as basis for locking up the suspects, saying the arguments were merely general statements.

“It is true the charges they are facing are serious and the penalties in case of conviction are very stiff. However, every accused person is presumed innocent and the court cannot evaluate any evidence at this point to determine the strength of the prosecution’s case,” ruled the judge.

She ordered that each accused person deposits Sh5 million bond and a surety of Sh2 million to be approved by the anti-corruption court. In addition, each of the suspects will pay Sh1 million cash bail and deposit their passports in court to get their freedom.

Once out on bond, the judge directed the accused persons to report to DCI offices in Gigiri once every week, not to make contact with the witnesses or to go to NYS offices, unless accompanied by a police officer. Those who have been in custody include Youth and Gender Affairs PS Lillian Mbogo-Omollo, NYS Director General Richard Ndubai, his deputy Nicholas Ahere, former director Sammy Michuki and Finance Director Wellington Lubira.