Suspects in NYS theft file bail case at High Court

From right, NYS Director General Richard Ndubai, deputy director Sammy Michuki, Rodgers Nzioka, Evans Wafula Kundu, Ferdinand Odonyo, Welenalo Mulupi and Christopher Simbauni at Milimani Law Court on Monday where they denied theft charges. PHOTO | EVANS HABIL | NATION MEDIA GROUP

What you need to know:

  • The two argue that by refusing to grant them bail, the court passed a judgment on them and had found them guilty.
  • They said they need specialised medical care and attention, with Mr Thuita having a heart condition and Ms Mwangi being asthmatic.

Two directors of a company facing charges over alleged theft of funds at the National Youth Service have moved to the High Court challenging the decision to deny them bail.

Mr James Thuita Mwangi and Ms Yvone Wanjiku Mwangi, directors of Firstling Supplies Ltd, one of the firms that is alleged to have received fraudulent payment from NYS, filed the case under a certificate of urgency.

Chief Magistrate Douglas Ogoti denied bail to the 44 suspects who have appeared in court over alleged loss of Sh469 million at NYS, saying the offence they were facing was serious.

But in the application, the two argue that by refusing to grant them bail, the court passed a judgment on them and had found them guilty. They have faulted the anti-corruption court for failing to consider the application for bail on merit and instead delivered an omnibus ruling for all accused persons.

MEDICAL CARE

They said they need specialised medical care and attention, with Mr Thuita having a heart condition and Ms Mwangi being asthmatic. They said specialised treatment can only be accessed while on bail because prison authorities have indicated that such services cannot be granted.

Through their lawyer, the two said their liberty continues to be curtailed and it is of utmost urgency to hear the application so as to stop further deterioration of their health and breach of their rights.

On Wednesday, a pre-trial conference failed to take off after lawyers said they were yet to be supplied with all witness statements and documents, which the prosecution will be relying upon.

The lawyers said they were not ready and were not willing to take part in the conference until the documents were supplied.

WATER AND BISCUITS

The prosecution, on its part, said 31 witness statements had been supplied to the defence lawyers, and the others would be handed to them once they brought photocopying papers.

Earlier, the suspects had asked the magistrate to order that they be provided with water and biscuits. They told Mr Ogoti that they left court very late on Tuesday and missed supper and also missed breakfast because they left the facility early.

VERIFICATION TEAM

On Wednesday, three more suspects linked to the scandal denied the charges when they appeared before Mr Ogoti. Mr Josephat Njoroge, a member of the verification team at NYS, denied multiple charges of conspiracy to commit an economic crime and neglect of official duties.

He was among suspects who presented themselves to court on Tuesday but the chief magistrate ejected them from the proceedings.

Mr Anthony Makara Wamiti and Peter Wagura Kimani, directors of Arkroad Holdings Ltd, also denied charges of fraudulent acquisition of public funds. Their company allegedly received Sh24 million from NYS for goods not supplied.