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Tobiko opposes fresh bid to stop NYS case

By Fred Makana | March 22nd 2016

A fresh bid by five suspects in the Sh791 million National Youth Service (NYS) saga to have their trial halted has been opposed.

Director of Public Prosecutions (DPP) Keriako Tobiko, through senior assistant DPP Victor Mule, asked the court to dismiss the applications by Josephine Kabura, Antony Gethi, John Kago, Benson Gethi and Martin Wanjohi, terming them an abuse of the court process.

"The applications are a clear abuse of the court process and a habit that has been deployed by the suspects to evade being investigated or from answering to charges," Mule said. A week ago, the five had sought to ride on an interim order obtained by their co-accused, Patrick Ogola, who halted his prosecution pending the hearing and determination of a petition he filed against the case.

The suspects had argued that they are facing similar charges with Mr Ogola and the order should be extended to them.

However, Justice George Odunga told the suspects they could not benefit from Ogola's order because they had not made a formal application to join his petition as interested parties.

He said the suspects wanted to make a mockery of the directive and turn court proceedings into a circus.

Monday, the DPP said he recommended the money laundering charges against 11 suspects after the Directorate of Criminal Investigation handed over the file to him for review.

"Before the charges of money laundering were preferred against the suspects, the DPP in exercise of his powers reviewed the inquiry file and being satisfied that the evidence gathered disclosed a prosecutable case, initiated the said criminal charges," Mule told Justice Joseph Onguto.

 Mule said in the process of reviewing the evidence, they had established that the five were among suspects who allegedly engaged in transactions involving Sh791,385,000 stolen or fraudulently acquired from NYS. The case will be heard on April 20.

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