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The Nairobian

Judge says those named in NYS scam can join case

Politics

By Fred Makana | Feb 23, 2016

NAIROBI: The High Court has directed all parties adversely mentioned in the latest allegations over the Sh791 million scandal to be served in order to file their responses.

"Anybody adversely mentioned either directly or indirectly in the affidavit (by Ms Josephine Kabura) has a right to come on board and be heard. I direct all those mentioned be served with the court papers of the interested party and they are free to file their responses," Justice Msagha Mbogholi said.

The judge said he was waiting for instructions from Chief Justice Willy Mutunga on whether the National Youth Service (NYS) scandal will be handled by the recently created Anti-Corruption and Economic Crimes Division.

Justice Mbogholi noted that several applications had been made in relation to a decision by Assets Recovery Agency asking the court to allow it recover assets of some of the suspects.

The judge directed the matter to be mentioned on March 10 for further directions.

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On December 15, last year, the Government moved to freeze and possibly seize assets of eight individuals linked to Sh791 million that authorities say was fraudulently paid out by NYS.

Targeted by the Assets Recovery Agency are eight parcels of land in Nairobi and Thika, some in upmarket city areas like Muthaiga North and Rosslyn Estate under caveat of the High Court. Authorities have also stopped dealings in a restaurant and building along Moi Avenue worth hundreds of millions of shillings and also impounded a luxury vehicle.

"That an order be and is hereby issued prohibiting the transfer, mortgage, attachment, disposal of or any other dealings with the following properties for a period of six months from the date of the preservation order," read part of the order in a gazette notice signed by Assets Recovery Agency Director Muthoni Kimani.

The ownership of the property revolves around the eight suspects – Ben Gethi, John Kago Ndungu, Charity Wangui Gethi (Ben's mother), Jedidah Wangari Wangui (Ben's sister), John Kago Ndung'u, Sam K Mwadime, lawyers Patrick Onyango Ogola and Martin Muthoni Gitonga.

Mr Gethi is currently facing criminal charges of stealing from the Department of Planning in the Ministry of Devolution. He and 22 others, including former employees of NYS, are facing related charges including former Devolution PS Peter Mangiti and former NYS boss Nelson Githinji.

Yesterday, a Magistrates' Court issued fresh summonses against 11 suspects behind the NYS scam.

Milimani Senior Principal Magistrate Joyce Gandani directed Gethi, Ms Kabura, Mr Kago, Ms Wangui, Samuel Mudanyi, Mr Ogola, Anthony Kihara Gethi, Paul Gachoka, John Vandamme, Martine Wanjohi and Jedida Wangui to appear in court on March 8 to plead to fresh charges.

According to the prosecution, the 11 suspects are set to face money laundering charges.