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The Nairobian

11 suspects in bid to stop fresh charges over Sh791m NYS scandal

Nairobi

By Fred Makana | Jul 13, 2016

NAIROBI: Suspects in the Sh791 million National Youth Service scandal have moved to the Court of Appeal to stop charges against them.

This was after the High Court dismissed a suit the 11 had filed and ordered that they be prosecuted with fresh charges of money laundering.

On June 29, Justice Joseph Onguto dismissed seven applications the suspects had made.

Justice Onguto dismissed claims by the suspects that the Director of Public Prosecutions Keriako Tobiko abused his powers in preferring the charges against them.

The suspects who were set to be charged yesterday included businesswoman Josephine Kabura believed to be the architect of the scam, businessman Ben Gethi, his mother Charity Wangui and city lawyer Patrick Onyango Ogola.

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Others are John Kago, Samuel Wachenje, Anthony Gethii Kihara, Benson Gachoka, Benson Gethi, John Hope Vandamme, Martin Gachara Wanjohi and Jedida Wangari.

Defence lawyers Alex Masika, Ham Lagat and Joseph Wagara asked Milimani Chief Magistrate Daniel Ogembo to put plea taking on hold until their appeal challenging a High Court order for the suspects to plead is determined.

"The appeal raises weighty issues of law which the High Court did not take into consideration in arriving at the decision that the accused persons plead to money laundering charges yet they have already been charged with theft," Masika said.

accounts frozen

The High Court also directed that the suspects be prosecuted under the Proceeds of Crime and Anti-Money Laundering Act which formed the basis upon which properties worth millions of shillings were seized and their bank accounts frozen.

Yesterday, the defence claimed since their properties had been taken and bank accounts had been frozen, the suspects would suffer double tragedy in the event they are charged with 15 money laundering counts.

The suspects filed multiple suits to have charges dropped. They said claims against them were unclear and irrelevant as they received money in their normal course of business.

In December, last year through a gazette notice, the Assets Recovery Agency targeted 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 Sh 500 million.

The scandal saw several senior government officials shown the door.