, NAIROBI, Kenya, Apr 27 – An associate of National Youth Service (NYS) mastermind Ben Gethi on Wednesday failed for the second time to convince a court to order for a DNA test to prove they are not related.
Justice Joseph Onguto said the application by Antony Kihara was an abuse of the court process.
The judge would not issue orders sought by the suspect in consideration that he has filed a similar application whose judgment is due on June 29.
“This application is an abuse of the court process. A similar application is before court. An oral application was dismissed by the court. I decline to exercise my jurisdiction to issue orders as the same will pre-empt the pending judgment”, the judge said.
Kihara wanted the court to direct the government chemist to carry out the DNA test to clear his name over allegations of money laundering in the theft of Sh791 million from NYS.
He further sought an order to halt his criminal trial over money laundering charges until the test is done.
Justice Onguto said he was not convinced the applicant will suffer any prejudice if the orders sought were not issued.
Director of Public Prosecutions Keriako Tobiko on the other hand said he had enough evidence to bring money laundering charges against Kihara, his co-accused Gethi, businesswoman Josephine Kabura and lawyer Patrick Ogolla.
Others expected to face similar charges on May 4 are John Kago, Samuel Wachenje, alias Sam Mwadime, John Vandamme, Martin Wanjihi, Jedida Wangui and Charity Gethi.
Kihara is alleged to have bought two high-end Toyota Prados for Sh10.32 million in an alleged attempt to launder some of the stolen funds.
He denies he is Gethi’s brother or was part of the alleged scheme.
The businessman says he is involved in importation of cars and the Prados were ordered from him by Kago.
“I only imported the motor vehicles from Japan upon the request of Kago. I was never informed of the source of the funds. I was adversely mentioned as being a brother to Ben Gethi, allegations which are not true,” Kihara argued.
He is further named as a respondent in a suit filed by the Assets Recovery Agency (ARA), seeking to recover funds and asset acquired through money laundering
ARA has successfully obtained orders freezing assets owned by him and other suspects believed to be part of the scandal.