BY SAM ALFAN.
Charged Principal Secretary in the Ministry of Public Service and Youth Affairs Lilian Mbogo Omollo has filed an application at the High Court seeking to stop the corruption before the trial court.
She wants her prosecution suspended pending the hearing and determination of the application.
Through lawyer Stephen Ligunya, she argues that, if the trial is not suspended pending the hearing and determination of the application, her rights will be violated.
She is currently hospitalized at Kenyatta National Hospital.
Omollo submit that, she was primarily charged with three counts namely abuse of office, failure to put in place checks and balances and conspiracy to commit economic crimes.
She accuses the DPP of being malicious for charging her with 10 cases, breaking her three counts into 10 different charge sheets relating to different suppliers.
Omollo further claims that, she was shocked to be charged with several counts contrary to what she was informed by the DCI officers that she was facing one count of conspiracy.
“Under article 50(1)(b) am entitled to be informed of the charges with sufficient details. I believe this had been done until my appearance in court when multiple charges, 30 of them which are a violation of my constitutional rights,” says Omollo.
Omollo claims between the year 2016 to 2017 she has been subjected to more than 50 inquiries of the matter by various Government investigations agencies.
The former detained accounting officer further says that, on May 21 she was summoned by the DCI where she recorded a statement of the alleged fraudulent activities in the NYS.
In the same week she says she was summoned to appear before Parliamentary Accounts Committee on May 25 which she corperated fully.
The petitioner further says that she never heard anything from the DCI office until May 27 at about 11 pm when she was informed that a contingent of 20 fully armed officers raided and cordoned her house seeking to arrest her despite the fact that she had never been a flight or failed to attend police summons.
She says that the police actions were malicious which were meant to intimidate her and her entire family while exposing them to ridicule and contempt.
“I did send my lawyers to ward off the police and to undertake to them that l would present my self at the DCI officers the next morning, but they were adamant and remained camping outside my house until 7:30am next morning when l presented myself at DCI headquarters, ” Omolo claims in the papers.
She says that they were kept waiting for two hours between 7:30am and 9:30am where l was interrogated and charges framed against her and read out out to her before she was later detained at Gigiri police station for two days.
“I requested for a police bond which was denied where l was informed that this was ordered from above,” says Omollo.
She claims that she was denied police bond despite the fact that all process was complete and was not a flight risk.
The PS claims that on May 29 she was presented in court at 3 pm instead of 9am for no apparent reason which l believe was a calculated move by the police to ensure that l will not be processed for bail if granted by the court.
She further claims that the plea taking took too long which ended at 2am forcing the trial magistrate to remand them in custody pending bail ruling.
“That the DPP applied for each file to be treated on its own merits on the issue of bail a calculated move to ensure that bail was multiple and unattainable,” claims the PS.
Omollo claims that the manner in which the 10 cases are drafted and filed are a severe impediment to her constitutional rights.
The petitioner further claims that in the 10 cases each has over 30 accused persons. It violates and threatens to violate her constitutional rights.
The move by the DPP to have more than 41 accused persons in each case raises a real risk of delaying the court proceedings.
“In trials with estimated 30-80 witnesses per case and at least 10 advocates per case, it is legally impossible to talk or expect a trial to begin and be concluded without a reasonable delay.
In her urgent application she says that before she was appointed as the PS in the ministry of Public Service and Youth Affairs, the DCI, EACC and National Assembly were conducting frequent investigations to the alleged loss of money at NYS.
At the same time Former NYS Director General Richard Dubai has also filed an application at the High Court seeking all accused persons in Anti- Corruption case number 8 of 2018 to be admitted on cash bail on reasonable bond terms pending the hearing and determination of their case.
She say’s the Magistrate Douglas Ogoti did not consider the bail for application and instead remanded them.
Ndubai claims all the accused persons have not been convicted by any court on the charges they face before the Anti -Corruption court and remain innocent pending trial.
Hhe claims the trial court fail into error in exercising its discretion and this court should and admit him on bail pending hearing of the trial.
He says says that the gravity of the offence all accused persons are facing does not and should not be construed to limit their rights for a fair trial.
According to Ndubai, prosecution made mere allegations when opposing bail in which were relied upon by the court when denying them bail.
He says that the prosecution did not provide a single prove to the trial court that he will interfere with adminstration of justice or a flight risk or commit further offences.
The matter was certified urgent and were directed to serve DPP.
The application will be heard on 19 of This month while for Ndubai will be heard on 13 for further directions.
