Suspects in NYS scandal in new bid to stop prosecution
NYS theft suspect Josephine Kabura at the anti-graft offices in the past. Sh461m was paid out to Kabura’s firms on the day Adan Harakhe became accounting officer after replacing Dr Nelson Githinji. FILE PHOTO | NATION MEDIA GROUP
What you need to know:
- Court heard that Josephine Kabura had filed a motion challenging the court’s jurisdiction in handling the case
- Ben Gethi's lawyer said it would be fair to adjourn case until all parties were prepared
- Trial Magistrate Daniel Ogembo ruled that once Director of Public Prosecutions had filed his response, advocates involved in the case should also file theirs in seven days
Eleven suspects linked to the Sh791 million National Youth Service (NYS) scandal have launched a new bid to stop their prosecution over money laundering.
A trial court was on Wednesday forced to defer pending charges against Josephine Kabura, Ben Gethi and nine others after the prosecution sought time to file a response to a notice of motion opposing money laundering charges.
The court heard that Ms Kabura had filed a motion challenging the court’s jurisdiction in handling the case.
"The notice of motion raises substantive issues, central being that the plea should not be taken," Joseph Wagara, a lawyer defending Mr Gethi in the case, said.
He said it would be fair to adjourn the case until all parties were prepared against a backdrop that the prosecution had also asked for time to reply to the notice of motion.
Trial Magistrate Daniel Ogembo concurred and ruled that once the Director of Public Prosecutions files his response, advocates involved in the case should also file theirs in seven days in preparation for a hearing on May 20.
It was the fourth time that the money laundering charges were deferred.
In the notice of motion, the suspects are challenging the jurisdiction of the court and argue that the charges facing them should be dropped.
New summons were issued against two suspects who were not in court yesterday.
The 11 suspects are required before the Chief Magistrate’s Court at Milimani Law Courts to answer 15 counts of money laundering arising from investigations into theft of millions of shillings at the NYS headquarters.
They are alleged to have jointly engaged in an arrangement for the purchase of a motor vehicle and land while knowing the money was proceeds of crime.
