National Youth Service key suspects Ben Gethi at Milimani law court during the mention of the case before the trial court.
BY SAM ALFAN.
The major NYS scandal architects Ben Gethi and his mother Charity Wangui Gethi have asked the high court to quash a decision by the Director of Public Prosecution preferring money laundering charges against them.
In a separate but similar application, mother and son want the DPP restrained from prosecuting or proceeding with their prosecution on offences of money laundering until their applications are heard.
The two further want an order prohibiting the chief magistrates court from hearing or in any way entertaining the money laundering case against them until a finding has been reached in another NYS criminal case where Ben Gethi is a co-accused.
Gethi and his mother were summoned together with other suspects to answer to Money laundering charges on 18 March.
According to Gethi, the alleged theft of the Sh791 million from NYS is a subject matter of proceedings in a criminal case where he is accused number three and which is yet to be heard and determined.
“DPP has not established through a due process that the said monies were proceeds of any crime. I do not believe he has any constitutional authority to make a finding that an offence of money laundering has been committed without such offense having been proved before any court,” said Gethi in court documents.
The two also claim the decision to charge them with money laundering was made maliciously and in bad faith since the issue has attracted general public interest.
“As a result of the respondents’ action stated above, I have already been subjected to scurrilous and defamatory allegations in national media and has had my reputation and standing irreversibly damaged,” said Gethi.
Mother and son say they will suffer immense and irreparable damage if they are compelled to take plea on March 18.
Justice George Odunga directed them to file and serve the respondents for a hearing on Thursday before Justice Onguto..
