NYS graft case suspects fail to halt trial

One of the suspects involved in the theft of National Youth Service's Sh791 million appears at Milimani Law Courts on February 16, 2016. Last week, the suspects defied court summons to answer to charges of money laundering. PHOTO | EVANS HABIL | NATION MEDIA GROUP

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  • However, Justice George Odunga told the suspects that they could not benefit from Mr Ogola’s order because they had not made a formal application to join his petition as interested parties.

Suspects in the Sh791 million National Youth Service corruption case Monday failed to halt their trial over money laundering.

Mr Martin Gachara Wanjohi and Ms Charity Wangui Gethi had sought to ride on an interim order obtained by their co-accused, Mr Patrick Ogola, who halted his prosecution pending the hearing and determination of a petition he filed against the case.

They had been charged alongside Mr Ogola with jointly transferring Sh77.6 million to an account at Faulu Kenya.

The suspects had argued that they are facing similar charges with Mr Ogola and the order should be extended to them.

However, Justice George Odunga told the suspects that they could not benefit from Mr Ogola’s order because they had not made a formal application to join his petition as interested parties.

Mr Ogola, a lawyer, is accused of taking part in the transfer of the Sh77.6 million while knowing it was part of stolen money.

The judge said the suspects wanted to make a mockery of the directive and turn court proceedings into a circus.

“It is very clear that the interim order was made with regard to the applicant and was not to be enjoyed by parties who are yet to make an application before the court,” he said.

Last week, the suspects defied court summons to answer to charges of money laundering originating from investigations into the theft of Sh791 million, following the interim order that had been issued a week before.

Among them was Ms Josephine Kabura, who has implicated former Devolution Cabinet Secretary Anne Waiguru in the scandal, businessman Ben Gethi and eight others.

Director of Public Prosecutions Keriako Tobiko had opposed the halting of the criminal case and had sought clarification over the interim order obtained by Mr Ogola.