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Kenya

Suspects charged over Sh468mn NYS scam denied bail

They include NYS Director General Richard Ndubai, Principal Secretary for Youth and Gender Affairs Lillian Omollo and 42 others who have been in remand prison after denying the charges/FILE

NAIROBI, Kenya, Jun 5 – All the suspects who were charged over the loss of Sh468 million at the National Youth Service will remain in remand prison as their cases progress in court.

They include NYS Director General Richard Ndubai, Principal Secretary for Youth and Gender Affairs Lillian Omollo and 42 others who have been in custody since they faced charges.

Chief Magistrate Douglas Ogoti said he could not release them on bond because they are facing serious economic crimes with the potential of causing anarchy, a threat to peace and national security.

“As such, bail will not be automatically granted,” Ogoti ruled. “I direct that the cases be expedited.”

He noted that the offences were serious as they related to economic crimes. “They affect the economy and the country as a whole. They affect the society in totality and bring out the issue of threats to national security. This is because the national community is affected. It affects employment and brings ripple effects that lead to issues of national insecurity. These offences against the accused should not be understated.”

The court, he assured had put in place elaborate measures by way of pre-trial conferencing to ensure speedy trials.

“For this reason bail is denied as the trials will not delay. All parties are encouraged to participate fully in the pre-trial conferences and allow the trials to hit the road as soon as possible. These trials will not delay,” he ruled.

Though the lawyers representing the suspects had wanted the pre-trial hearings pushed further to allow them to study documents the prosecution is using against their clients, the Chief Magistrate insisted that they will proceed on Wednesday.

He, however, directed that the prosecution furnish the defence with all the documents they required by Tuesday evening.

The suspects will appear before three anti-corruption courts in Milimani, but to ensure the process is seamless, the Chief Magistrate assured that no case will be heard at the same time.

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“When an individual behaves in a disharmonious manner ushering in disorderly things which the community disapproves, the legal consequences are bound to follow. At this stage, the court has a duty. It cannot abandon its sacrosanct obligation and pass an order at its own whim or caprice,” he said.

The magistrate further ordered a police officer to ascertain if PS Omollo is indeed admitted to hospital after prison authorities failed to produce her in court.

She was admitted to the Kenyatta National Hospital on Tuesday last week, a day after being remanded at the Lang’ata Women’s Prison after denying charges of abuse of office and other corruption-related offences.

In response, her lawyer said “It is your people who have taken her to Kenyatta National Hospital. If we had a chance, she would be hospitalized in a better facility.”

While in remand, prison authorities were directed to ensure suspects who get unwell are given the required medication.

A lawyer had submitted in court that his client had a heart condition and that he would like to be attended to at a private hospital other than Kenyatta National Hospital.

Three other suspects who only surrendered themselves to court on Tuesday will take their plea on Wednesday after spending the night at Gigiri Police Station.

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