Tobiko wants NYS money laundering case to proceed

March 10, 2016 3:09 pm
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Businessman Ben Gethi (left) is among those facing money laundering charges/FILE
Businessman Ben Gethi (left) is among those facing money laundering charges/FILE

, NAIROBI, Kenya, Mar 10 – The Director of Public Prosecutions (DPP) Keriako Tobiko is seeking a continuation of the criminal case against 11 suspects in the Sh791 million National Youth Service (NYS) scandal to proceed.

Tobiko has also asked the court to clarify a stay order obtained by one of the suspects halting the criminal proceedings before the Chief Magistrate’s court.

Overview
  • Tobiko has also asked the court to clarify a stay order obtained by one of the suspects halting the criminal proceedings before the Chief Magistrate's court.
  • The DPP told Justice George Odunga that the order he issued in respect of Patrick Ogolla has stalled the prosecution of other suspects who were supposed to have pleaded to criminal charges on March 8.

The DPP told Justice George Odunga that the order he issued in respect of Patrick Ogolla has stalled the prosecution of other suspects who were supposed to have pleaded to criminal charges on March 8.

The office of the DPP has preferred 15 counts of money laundering against Josephine Kabura who recently filed an affidavit implicating former Devolution Cabinet Secretary Anne Waiguru in the scam, businessman Ben Gethi and eight others.

They were supposed to answer to the charges last Monday but they did not turn up in court following the granting of the interim order in Ogola’s favour.

Ashimosi Shitambati who was appearing for the DPP stated the need for an interpretation and direction in respect of the order in which further proceedings were stayed.

He stated that the 10 suspects did not make an application seeking stay of proceedings and yet they are enjoying the interim order issued in Ogolla’s application.

Ogolla is charged alongside Martin Gachara Wanjohi and Charity Wangui Gethi for jointly transferring Sh77.6 million from an account at Faulu Kenya.

Lawyer Dennis Mosota who was appearing on behalf of the other suspects said that since they face similar charges with Ogolla, the order was clear and required no interpretation.

“A stay of proceedings in criminal case means everything is frozen for the benefit of all parties mentioned,” he said.

He said the DPP “would suffer no prejudice if the case at the magistrate’s court is suspended pending determination of the petition at the High Court.”

“What prejudice would the DPP suffer if stay is extended to all parties?” he posed.

He further applied to have the suspects to be enjoined an interested parties in Ogolla’s petition saying the issues raised affects them and they face similar charges.

Odunga said he will clarify his order on March 14.

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