Eleven suspects linked to the Sh791 million NYS scandal failed to plead to the charges yesterday for the fifth time. The Director of Public Prosecutions sought an adjournment to respond to an objection lodged by defence lawyers.
Trial magistrate Daniel Ogembo was forced to defer the proceedings against Josephine Kabura, businessman Ben Gethi and nine others. The case will be heard on June 10.
The magistrate warned the parties in the case that the court will not “entertain further” delays. The suspects are to be charged in a new case of money laundering.
They have filed notice opposing the new charges which arose from investigations involving the theft of cash at NYS headquarters. One of the suspects, lawyer Patrick Ogola, has already obtained a stay order against prosecution.
In the notice of motion, the suspects challenge the court’s jurisdiction and have lodged a central argument that “the plea should not be taken”.
The court has ordered the suspects to be present for the hearing of the preliminary objection on June 10.
Meanwhile, fresh summons were issued for Charity Wangui, said to be Ben Gethi’s mother. She has been challenging her inclusion in the criminal case.
“My reply is in soft copy to seek more time to file and serve all parties by May 26,” assistant director of public prosecutions Victor Mule said.
The 11 suspects are required before the chief magistrate’s court at Milimani to answer to 15 counts of money laundering.
They are alleged to have jointly engaged in an arrangement for the purchase of vehicles and plots, knowing the money they were using came from proceeds of crime, the prosecution says.
