, NAIROBI, Kenya, Mar 16 – National Youth Service (NYS) scam suspect Ben Gethi and his mother want the High Court to restrain the Director of Public Prosecutions (DPP) Keriako Tobiko from prosecuting them on money laundering charges.
Gethi and his mother Charity Wangui have applied to have the DPP stopped from prosecuting them on the charge of laundering Sh791 million; fraudulently acquired from the NYS.
The two together with eight others are required to present themselves before the Chief Magistrate’s court on Friday to plead to the charges.
Under a certificate of urgency, they claim that the DPP has preferred the charge of money laundering without first establishing whether the Sh791 million was fraudulently acquired within the meaning of Section 2 of the Proceeds of Crime and Anti-money Laundering Act.
“Unless and until there is determination that the said monies were in fact stolen and were therefore proceeds of crime, the respondents decision to prefer charges against them is in the circumstances irrational, unreasonable and an abuse of prosecutorial discretion and the court process,” they contend in their court papers.
They have also argued that their prosecution in two criminal cases related to the same suspected theft amounts to double jeopardy and is therefore unconstitutional.
Gethi and his mother therefore argue that their prosecution will cause immense and irreparable damage should they be compelled to plead to the charges.
Together with nine others, they are accused of money laundering contrary to Section 3 and 4 of the Proceeds of Crime and Money Laundering Act.
Judge George Odunga certified the application as urgent on Wednesday and scheduled their application for hearing on Thursday.