NYS suspects to spend six days in remand

NYS Director-General Richard Ndubai (left) and PS Lilian Omollo consult lawyer Cliff Ombeta at the Milimani Law Courts. [George Njunge, Standard]

Suspects in the National Youth Service (NYS) scandal will spend at least six days in remand as they await the court’s verdict on whether they will be released on bail.

Nairobi magistrate Douglas Ogoti, after hearing arguments by prosecution and defence teams up to 1.50am yesterday, said he needed at least three days to return a verdict.

The ruling, therefore, falls on Friday, June 1, which is a holiday.

The magistrate said he would decide on the issue on June 5, meaning the 22 suspects who pleaded to the charges on Tuesday will be in remand until then.

“As you can see, the hearing ended up in the morning and I have a very busy day today. I will require at least three days making a reasoned ruling on bail. I will do this on June 5,” said Ogoti.

Immediately the magistrate put his pen down, the defence lawyers rose to plead with the court that the accused be allowed to spend the time in police cells instead of remand prison. The lawyers argued that their clients would not find food in the prison, adding that some were also breastfeeding mothers.

Arranged transport

In opposition, prosecutor Duncan Ondimu told the court that there were arrangements for them to eat and also a prison bus was already waiting for the accused outside the court.

But the magistrate agreed with the prosecution, saying it would be safer for them to be ferried to prison rather than being released in the middle of the night.

“You know this is Nairobi, the accused are much safe with the arranged transport,” he said.

The magistrate also ordered that all the suspects who did not appear before him should report to the Directorate of Criminal Investigations (DCI) or they would be arrested without notice.

The defence argued that those who skipped were not aware of the case, some saying they even did not watch TV.

Others said they were willing to bring their clients to court today instead of the court issuing warrants of arrest. It also emerged that one of the accused persons, Evans Wafula Kundu, brought himself to court after hearing on television that he had been implicated in the scam.

The prosecution, however, told the court that the DCI had not taken his statement and fingerprints in preparation for his appearance in court.

The suspects absent will appear in court to take pleas on June 6.

In the case, the prosecution relied on failure by some suspects to appear before court to ask that the 22 should not be released.

The magistrate heard that the investigation had not been completed, hence the need to allow the officers to hold the suspects until the case is heard and determined.