Noordin Haji loses bid to screen NYS suspects' bails, bonds
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Mr Mugambi said Mr Haji’s application is not one of the terms set by High Court Judge Hedwig Ong'undi.
While acknowledging that the concerns by the DPP were genuine, the magistrate said the same can be pursued in a different application.
Kenya’s chief public prosecutor has lost a bid to block use of dirty cash to buy freedom for 47 suspects accused of looting the National Youth Service (NYS).
The Anti-Corruption Court in Nairobi on Friday dismissed Mr Noordin Haji’s application seeking to stall the suspects’ release until their bails and bonds are screened.
The DPP wanted the accused locked up until the Asset Recovery Agency (ARA) verifies sources of the securities.
In so doing, Mr Haji had argued, the court would ensure the very millions stolen from NYS and properties bought using the funds are not used to buy freedom for the suspected looters.
However, Magistrate Lawrence Mugambi thought and ruled otherwise.
He said the orders given by the High Court on the release of the suspects were express and any dissatisfaction should be appealed.
Mr Mugambi said Mr Haji’s application is not one of the terms set by High Court Judge Hedwig Ong'undi.
And while acknowledging that the concerns by the DPP were genuine, the magistrate said the same can be pursued in a different application.
Mr Mugambi directed verification of the securities presented by the accused to proceed from 2pm Friday.
The verification will include sureties appearing before the magistrate for cross-examination and confirmation of their details.
The magistrate further directed the investigation officers to continue cross-checking the securities and giving the necessary assistance to the accused.
Mr Haji had asked Kenya’s chief crime buster George Kinoti to ensure that all securities are authorised by the Asset Recovery Agency.
This was after it emerged that some of the properties the suspects were listing may have been acquired using the money stolen from NYS.
The court also allowed verification of the securities presented by suspended Youth Affairs PS Lilian Omollo to proceed.
None of the 47 suspects has managed to meet the requirements set by the High Court and are still in remand after they were charged in May 28 and 29th.
