Eight NYS scam suspects at Milimani law courts on Friday May 20,2016.
BY SAM ALFAN.
A fresh bid to charge 11 suspects linked to the loss of Sh791 million National Youth Service (NYS) money failed for the fifth time on Friday, May 20.
This is after the Director of Public Prosecutions (DPP) sought an adjournment to respond to a preliminary objection from the suspects’ lawyers to money laundering charges against them.
On Friday, the trial court was forced to defer proceedings against Ms Josephine Kabura, businessman Ben Gethi and nine others to June 10.
However, Chief Magistrate Daniel Ogembo warned parties in the case that he would not “entertain further” delays in the intended suit.
The suspects have filed a notice of motion opposing the money laundering charges arising from investigations involving the alleged theft of Sh791 million at NYS headquarters.
One of the lawyers, Patrick Ogola, has already obtained a stay order against the pending prosecution.
It was the fifth time the money laundering charges were being deferred; the suspects are challenging the jurisdiction of the court to charge them arguing that “the plea should not be taken.”
The court has ordered the suspects to be present for the hearing of the preliminary objection on June 10.
Fresh summons were issued to Charity Wangui, who is said to be Ben Gethi’s mother, and who has been challenging her inclusion in the criminal case.
“My reply is in soft copy and seeks time to file and serve all parties by May 26,” Assistant Director of Public Prosecutions Victor Mule said.
The 11 suspects are required in the chief magistrate’s court in Milimani, Nairobi, to answer to 15 counts of money laundering.
They are alleged to have jointly engaged in an arrangement for the purchase of motor vehicles and plots while knowing that the money they were using was from proceeds of crime, the prosecution says.