Justice Mbogholi seeks Mutunga's direction in NYS case

Judge wants to know if the newly created anti-corruption court should hear and determine the NYS cases.

Tuesday February 23 2016

Ms Josephine Kabura Irungu when she appeared in court charged with stealing Sh791 million jointly with others at the National Youth Service between December 1, 2014 and April 30, 2015. Two journalists accused of receiving money to protect Ms Kabura have denied the allegations. PHOTO | PAUL WAWERU | NATION MEDIA GROUP

Ms Josephine Kabura Irungu when she appeared in court to answer to charges related to the alleged theft of Sh791 million from the National Youth Service. She is among 11 people summoned to plead to money laundering charges. PHOTO | PAUL WAWERU | NATION MEDIA GROUP 

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Individuals accused of benefiting from the Sh791 million stolen from the National Youth Service have been told to wait for directions on the court that will hear their case.

Justice Msagha Mbogholi on Monday said he will seek directions from Chief Justice Willy Mutunga on whether he should proceed to hear and determine the case or refer it to the newly established Anti-Corruption and Economic Crimes Division of the High Court.


“It will be meaningless and a waste of judicial time for us to proceed and then later realise that this was a matter meant for the Anti-Corruption and Economic Crimes Division.

“I want to seek directions from the Chief Justice on the way forward before we can proceed,” said Justice Mbogholi.

At the same time, the judge said individuals who have been accused by business woman Josephine Kabura of benefiting from the funds should also be served with court papers and given an opportunity to respond to the allegations against them.

Ms Kabura wants to be enjoined as an interested party in a case filed by the Asset  Recovery Agency against individuals alleged to have embezzled the NYS funds.

The agency intends to repossess property owned by the individuals.