DPP objects securities presented by suspects in NYS fraud case

June 21, 2018 5:23 pm
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The chief public prosecutor, Noordin Haji, raised the objection on Thursday through State counsel Daniel Karuri/FILE

, NAIROBI, Kenya, June 21 – The Directorate of Public Prosecutions has objected the verification of securities presented by ex-Public Service and Gender Affairs Principal Secretary Lillian Omollo in fulfillment of bail terms for her release from police custody over the ongoing case involving the loss of Sh468 million from the National Youth Service (NYS).

The chief public prosecutor, Noordin Haji, raised the objection on Thursday through State counsel Daniel Karuri.

Karuri asked Chief Magistrate Lawrence Mugambi not to verify Omollo’s securities after it emerged that one of the accused persons had posted a questionable one.

Omollo is among 46 suspects who High Court Judge Hedwig Ong’undi ordered on Tuesday to process a Sh 5 million each in addition to a cash bail of Sh 1 million and a surety of Sh 2 million for their release from police custody pending the hearing of ther cases.

DPP Haji had in a quick rejoinder cautioned on Wednesday against the release of the suspects without a proper verification of the monies presented to ascertain they were not proceeds of crime.

Defense lawyers had lamented over the stringent bond and bail terms saying their clients were unable to raise the funds needed to secure their release while pointing out to the court that bank accounts of the suspects had been frozen.

“How are they going to finance their case having no access to their accounts? The State is also snooping in our accounts. This is not fair and you need to give us directions to this too,” lawyer Cliff Ombeta said on Wednesday.

On Thursday the prosecution raised a red flag over a Sh 6 million earthmover presented by one of the suspects in the Sh 468 million NYS case – Peter Kimani – as security.

The prosecution team asked for time to allow the Directorate of Criminal Investigations to verify securities presented by the accused persons.

Magistrate Mugambi will rule on the matter on Friday after Omollo’s lawyer opposed the move terming it punitive and unfair.

The magistrate has said he will determine whether the roadblock by the DPP infringes on the rights of the accused persons who he says ought to be released on bail within the shortest time possible after posting their terms for release.

“I will be considering whether this is the way to go since the directive by the high court was so clear,” he said.

PS Omollo is among forty public officials and fourteen businesspersons charged with conspiracy to defraud NYS in dubious payments made to ten companies for goods and services which were neither procured nor supplied.

Omollo and suspended NYS Director-General Richard Ndubai denied the charge when they were arraigned in court on May 29.

They also denied an additional charge of abuse of office.

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