TOBIKO CONTESTS ORDER STOPPING NYS PROSECUTION.

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Former Devolution Permanent Secretary Peter Mangiti National Youth Service boss Nelson Githinji and businessman Benson Gethi at Milimani law court on Tuesday February 16,2016.
BY THOMAS KARIUKI.

The Director of Public Prosecution Keriako Tobiko is highly concerned over a decision halting criminal proceedings against 11 suspects involved in the Sh791 million NYS scandal.

The DPP has also asked the court to clarify a stay order obtained by one of the suspects stopping proceedings before a Chief Magistrate’s court.

Mr Tobiko also told High Court Judge George Odunga, that the order he issued on March 1 in respect of Mr 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 Ms Josephine Kabura who recently filed an affidavit implicating former Devolution CS Anne Waiguru in the scam, businessman Ben Gethi and eight others.

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

Mr Ashimosi Shitambati who appeared for the DPP said that “we need an interpretation and direction in respect of the order in which further proceedings chief magistrate’s court were stayed.”

The ten suspects did not make an application seeking stay of proceedings and yet they are enjoying the interim order issued in Mr Ogolla’s application.
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Mr Ogolla is charged alongside Mr Martin Gachara Wanjohi and Ms Charity Wangui Gethi for jointly transferring Sh 77.6 million an account at Faulu Kenya.

Mr Dennis Mosota on behalf of other suspects said that since they face similar charges with Mr Ogola 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.” Mosota 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,” the lawyer posed.
He applied to have the suspects to be enjoined a interested parties in Mr Ogola’s petition saying the issues raised affects them and they face similar charges.

Justice Odunga said he will give a clarification over his order on March 14.
Summons requiring the suspects to answer to the money laundering charges were on Monday extended to March 18.

The 11 suspects are required before the chief magistrate’ court at Milimani to answer to 15 counts of money laundering arising from investigations into the theft money at the NYS headquarters.

Among the suspects are billionaire businessman Ben Gethi and lawyers who reportedly acted on their behalf.

The charges facing Ms Kabura, Mr John Kago Ndungu, Mr Patrick Ogolla Onyango and Mr Ben Gethi read that between December 1 2014 and April 30 2015 in Nairobi they jointly engaged in an arrangement for the purchase of a motor vehicle registration number KCB 750Z, Range Rover, at a cost of Sh 23 million while knowing that the money was the proceeds of crime, namely the sum of Sh 791,385,000 stolen from the National Youth Service.

Ms Kabura, Mr Kago and MS Charity Wangui Gethi are further charged with buying a Jeep Cherokee at a cost of Sh 6.3 million from from the NYS kitty.

The charge states that on December 1 they bought the vehicle registration number KCD 241Q.
Mr Samuel Mudanyi Wachenje alias Sam Mwadime allegedly bought a Toyota Prado at a cost of Sh 5.2 million, the prosecution says.

The fourth charge state that Mr Kago, Antony Kihara Geth and John Hope Van Dame jointly engaged in an arrangement for the purchase of a Sh 5.07 million Land Cruiser, an offence the prosecution says was committed between December 1 2014 and April 30 2015 in Nairobi.
Ms Kabura, Mr Kago, Charity Wangui Gethi and Mr Patrick Ogolla are also charged with buying a parcel of land LR Number 21/1/97 worth Sh 63 million in Roselyn Estate, Nairobi from the proceeds of the scam.

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