Court refuses to give two NYS scandal suspects bail

National Youth Service (NYS) personnel during a graduation ceremony at the NYS College in Gilgil, Nakuru. The High Court on May 25, 2018 denied two suspects facing probe over the NYS scandal an anticipatory bail. PHOTO | FILE | NATION MEDIA GROUP

What you need to know:

  • Justice Ngenye Macharia ruled the application to give the duo, Mr Bernard Masiga Ayienga and Mr James Thuita Nderitu, premature.

  • But Justice Ngenye ruled that the two should have nothing to fear if they their business dealings with NYS are legal.

The High Court has refused to grant an anticipatory bail to two suspects facing investigations over Sh9 billion National Youth Service tender scandal.

Justice Ngenye Macharia ruled premature the application to give Mr Bernard Masiga Ayienga and Mr James Thuita Nderitu an anticipatory bail.

The duo wanted to be released on bond before they are arrested and charged.

Mr Ayienga is a senior finance officer at the Public Service ministry while Mr Nderitu is a director of Firstling Supplies Limited, a firm that was allegedly paid Sh1.3 billion in the fresh NYS scandal.

“I cannot hesitate to find that this application is unmerited, it does not meet the threshold for grant of anticipatory bail to the two, the same is dismissed,” said Justice Ngenye.

She added:  “I urge them to be calm until such a time they shall be required to record a statement or will be summoned to assist with investigations.”

The two had filed separate applications while seeking to bar their imminent arrest following allegations surrounding their role in the scandal.

Mr Nderitu told the court that he was engaged in lawful business with NYS as an approved supplier of goods.

He said that he has recently been subjected to anguish due to media reports on May 14 that linked him to the scam by adversely mentioning his company.

But Justice Ngenye ruled that the two should have nothing to fear if they their business dealings with NYS are legal.

“Having stated that he only did clean business with NYS, that alone should accord him no cause for worry as the truth shall set him free,” said Justice Ngenye.