A judge has declined to direct that a DNA test be conducted to disassociate an accused from the suspected mastermind of the Sh791 million National Youth Service fraud.
Mr Antony Kihara Gethi sought the orders for the DNA as a confirmation that he has no blood relations with Ben Gethi, the alleged mastermind of the fraud.
“Kihara has no blood relation with the mastermind of the NYS scandal, Mr Ben Gethi. They only have a common surname,” Mr Lagat told the judge.
He asked the judge “to direct the [Kenyatta National Hospital] to carry out a DNA test to differentiate the two Gethi’s and also to direct the National Registration Bureau (NRB) to provide documents in their possession regarding them (Ben and Kihara).”
The judge declined the request.
Justice Joseph Onguto also rejected Antony Gethi’s request to stop the Director of Public Prosecutions (DPP) Keriako Tobiko from charging him with money laundering.
“I don’t find any compelling reason why I should stop the DPP from commencing a criminal case against Kihara in connection with the money allegedly stolen from NYS,” Justice Onguto ruled.
The judge said that the criminal justice system has enough safeguards to protect the rights of Kihara “should he be charged.”