NAIROBI, Kenya, Jun 4- All the suspects who have taken plea in the ongoing National Youth Service scandal case will know whether they will be released on bail or not on Tuesday at 2 pm.
This means 20 suspects who appeared before Chief Magistrate Douglas Ogeto Monday will spend the night in remand, where the first group which includes NYS Director General Richard Ndubai has been for one week.
Men are remanded at the Industrial Area Remand Prison while women are at the Lang’ata Prison where the Youth and Gender fell ill on Wednesday before she was rushed to the Kenyatta National Hospital (KNH) where she is admitted.
All the suspects pleaded not guilty to various charges levelled against them, in the alleged loss of Sh468 million, touching the first phase of the Sh8 billion probe.
But the State has expressed its opposition to their application for bail citing the seriousness of the alleged crime the suspects are accused of committing.
“This is not a sensational case. The cases amount to serious economic offences that draw a hefty punishment,” Senior State Counsel Joseph Riungu submitted.
But through their legal representation led by Lawyer Cliff Ombetta, the suspects pleaded with the court to grant them bond, with considerable terms, “Since they are mere suspects.”
Ombetta accused the state of being driven by malice, arguing that the same constitution that covers Kenyans is applicable to suspects of an economic crime.
“They are guided by malice. The target is actually to make them look bad,” Ombetta submitted.
Sentiments raised by Lawyer Kiraithe Wandugi, who said the state was trying, “to make a mountain out of economic crime. What you have are allegations without evidence.”
He cautioned against sensationalizing the case.
Most of those who appeared in court were civil servants working at the state-funded department mostly in the Accounts and Procurement department.
One of the suspects in court was NYS Finance Director Wellington Lubira who faced several charges ranging from abuse of office and wrongful approval of funds to some of the 10 firms that are said to have not delivered anything.
The firms are Annwaw Investment, Njewanga Investments, Kunjiwa Enterprises, Arkroad Holdings Limited, Ameri Trade Limited, Ngwiwaco Enterprises, Jerrycathy Enterprises, Fisrtling Supplies Limited, Kalabash Food Supplies Limited, and Ersatz Enterprises.
“On diverse dates between October 2016and December 2016, in Nairobi within the Republic of Kenya being the acting Director of Finance at the National Youth Service (NYS) …being a person whose functions concerned management of public funds unlawfully approved payments to Ann Wambere Ngirita t/a Annlaw Investment for goods not supplied,” reads one of the charges, leveled against Lubira.
Earlier, the court issued a warrant for two suspects, after they failed to appear in court as directed.
The two are directors of Arkroad Holdings Limited, one of the ten firms accused of getting millions of shillings with no service.
Their Lawyer Kiraithe Wandugi could not give a concrete explanation to Chief Magistrate Ogoti, who said “something was amiss where a person cannot explain the whereabouts of his clients.”
Lawyer Wandugi had cited among other things traffic snarl up along Kiambu road as a possible reason.
“They could be waiting for me at the DCI headquarters…I was supposed to present them there,” the Lawyer submitted, but his appeals were rejected.
The Director of Public Prosecutions Noordin Haji has since appointed four special prosecutors to assist in the trial of the suspects implicated in the mega-scandal at the National Youth Service.
The prosecutors will work hand-in-hand with other investigative agencies to ensure that those culpable are brought to book.
