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DPP opposes bid by NYS suspects to consolidate cases

The DPP has told Justice John Onyiego that the petition does not meet the threshold for formation of a bench because they have not demonstrated that their prosecution is an infringement to their fundamental rights/FILE

NAIROBI, Kenya, May 15 – A request by suspects in National Youth Service (NYS) multimillion shilling scandal to have them tried by a bench of three magistrates has been opposed by DPP Noordin Haji.

In his objection, the chief prosecutor has argued that the application by 53 of them among them former PS Lilian Omollo and NYS Director General Richard Ndubai is an abuse of the court process.

Furthermore, Haji says the High Court which is being asked to empanel the bench lacks the jurisdiction to do so.

The DPP has told Justice John Onyiego that the petition does not meet the threshold for formation of a bench because they have not demonstrated that their prosecution is an infringement to their fundamental rights.

The suspects want the three NYS related cases which is being heard separately by three magistrates be tried together by a bench.

They claim that there is improper and intentional influence of prosecution witnesses through collusion and coaching to incriminate the suspects in all the cases.

But the DPP defends his objection stating that issues of framing of charges, consolidation, substitution and joinder of charges together with modalities of trial were determined last August when they were first arraigned.

According to Haji, the court then gave guidelines on how the cases will be managed to ensure a fair and expeditious disposal.

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