Prosecutor to proceed with NYS graft case

Eleven suspects facing accusations of money laundering arising from investigations into the Sh791 million National Youth Service scam have been properly charged, a prosecutor has said.

The prosecutor said this was after it was established that they engaged in questionable transactions and massive transfers of the stolen money.

He said the decision to register the case against the alleged beneficiaries of the scam was reached after “the Director of Public Prosecutions was satisfied that there was sufficient evidence to prosecute them”.

Mr Gitonga Muranga said this in a rebuttal affidavit filed in a Nairobi court on Monday against an objection the suspects lodged on grounds that they might not get a fair trial.

Mr Muranga stated that the Director of Criminal Investigations forwarded the case file for perusal and it was studied carefully before the decision to charge the suspects was reached.

He said the DCI handled the case following claims of stolen money at the youth agency and at the conclusion 26 suspects were charged.

“In addition to the theft of the said funds, the DCI initiated further investigations into possible money laundering and the movement of funds,” Mr Muranga said in a sworn affidavit.

The suspects include Ms Josephine Kabura, Ms Charity Wangui Gethi, Ms Jedidah Wangari Wangui, Mr Samuel Mudanyi, Mr Ben Gethi, Mr Anthony Gethi and Mr Anthony Kihara, whose assets have since been frozen.

They are believed to have acquired them through “proceeds of crime”.

WITNESSES
On Monday, Chief Magistrate Daniel Ogembo lifted a warrant of arrest against one of the suspects, Mr Patrick Ogola, on the strength of a stay order he obtained at the High Court, which had stopped his prosecution in the case.

The magistrate, however, issued warrants of arrest against Mr Mudanyi and Ms Wangari after they skipped Monday's appearance.

Mr Muranga said investigations revealed that the suspects “engaged in transactions and arrangements involving the money stolen from the youth agency”.

The suspects are challenging their prosecution on grounds that the trial court has no jurisdiction to hear and determine the case.

They also claim they may be denied a fair trial and have made an application for the postponement of plea taking, pending the delivery of a separate High Court petition in which Mr Ogola got the stay order.

The magistrate has set the hearing for the preliminary objection on June 24.

Meanwhile, the trial of former Devolution Principal Secretary Richard Mangiti and the youth agency’s former director Nelson Githinji, arising from the same transactions, is set to begin before the chief magistrate’s court today.

Fifty-six witnesses have been lined up.