Justice Mbogholi seeks Mutunga's direction in NYS case

What you need to know:

  • There is a newly established Anti-Corruption and Economic Crimes Division of the High Court.
  • Justice Mbogholi said individuals accused by Ms Kabura should be served with court papers.
  • 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.

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.

WASTE OF TIME

“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.