Director of Public Prosecutions Keriako Tobiko yesterday opposed several applications filed by suspects in the Sh791 million NYS scandal.
Tobiko told Justice Joseph Onguto that he has enough evidence to sustain charges of money laundering against the 11, hence their bid to block their trial should be denied.
The judge will on June 29 rule on whether the suspects will be prosecuted.
Already, the DPP has preferred 15 counts against the 11, including businesswoman Josephine Kabura who claimed that former Devolution CS Anne Waiguru was the architect of the alleged theft at the NYS.
The suspects are expected at the magistrates court on May 4 to answer to the charges after attempts to temporarily block the cases failed.
They separately argue that the money laundering charges cannot stand until such a time the court rules on whether the NYS money was stolen or not.
“The offence of money laundering under the proceeds of Crime and Anti-money Laundering Act require a prerequisite that money alleged to have been laundered must be proceeds of a crime,” suit papers read.
In response, prosecutor Victor Mule said their arguments are misplaced.
“What they are telling the court is that charges of money laundering cannot be preferred to anybody until it is proven that the money are proceeds of crime. The act does not have such a provision,” he said.
The lawyer said the prosecution will produce evidence to prove all the 15 counts and show they were different transactions that the suspects were all involved in.
Mule said the prosecution has evidence to prove a crime was committed and the suspects engaged in an arrangement to launder the NYS funds.
The evidence, the lawyer said, establishes the offence of money laundering contrary to Section 3 and 4 of the Proceeds of Crime and Money Laundering Act.
In December, assets allegedly acquired using funds from the NYS were traced and the recovered by the Asset Recovery Agency.