Tobiko fights halting of NYS scandal trial

Director of Public Prosecutions Keriako Tobiko has opposed the halting of a criminal case against suspects in the Sh791 million National Youth Service scam.

He has sought clarification over an order obtained by one of them to have the case put on hold.

Mr Tobiko on Thursday told High Court judge George Odunga that the directive he issued on Tuesday, giving Mr Patrick Ogolla a reprieve, has stalled the prosecution of the suspects in a fresh case of money laundering.

Mr Tobiko has preferred 15 counts of money laundering against Ms Josephine Kabura, who recently filed an affidavit implicating former devolution Cabinet Secretary Anne Waiguru in the scandal, businessman Ben Gethi and eight others.

They were supposed to answer to the charges last Monday but they did not show up in court following the granting of the interim order in Mr Ogolla’s favour.

“We need an interpretation and direction in respect of the order in which further proceedings were stayed. Parties that are now seeking relief have not filed an application yet they want to enjoy the interim orders given to one,” said Mr Ashimoshi Shitambasi for the DPP.

Mr Ogolla has been charged alongside Mr Martin Gachara Wanjohi and Ms Charity Wangui Gethi with jointly transferring Sh77.6 million into an account at Faulu Kenya.

His co-accused told the court Thursday that since they face similar charges with Mr Ogolla, the order was therefore clear and required no interpretation.

“A stay of proceedings in criminal case means everything is frozen for the benefit of all parties mentioned,” said Mr Dennis Mosota, appearing for Ms Kabura.