The High Court yesterday declined to block the arrest of a senior government official and a director of company linked to the loss of more than Sh9 billion from the National Youth Service (NYS) accounts.
Bernard Masiga Ayienga, senior Finance officer at the ministry of Public Youth and Gender and James Thuita Nderitu - a director at Firstling Suppliers had approached the High Court seeking for an anticipatory bail to evade arrest and possible prosecution.
However, Justice Ngenye Macharia of the Criminal Division at Milimani law Court said the application lacked merits.
“I cannot hesitate to find that this application is unmerited. It does not meet the threshold required for grant of anticipatory bail. The same is dismissed with orders as to no cost” the judge said.
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The judge said for an anticipatory bail to be granted, certain conditions must be met including proving a breach of their fundamental rights and freedom.
“The applicants have clearly failed to show an imminent breach of their fundamental rights and freedoms the case before court has been tendered based purely on mere apprehensions and unfounded rumors”
The two separately, filed the application saying they were apprehensive of being prosecuted in the public domain, owing to the manner in which the NYS scandal is being reported in the media.
Thuita, had argued that the matter been reported in the media are nothing mare rumors.
He told court that he is an approved supplier and has been doing lawful businesses with NYS for a long time and that his name was being dragged to the mess, further subjecting him to mental and psychological anguish and torture.
He had also accused the media of “sensationalizing the Nys issue” to his detriment but the judge said, his arguments were not prove of his rights infringement.
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Further, Justice Macharia said apprehension of his rights being infringed if arrested, must be based on tangible grounds and not merely rumors and unsubstantiated claims.
The judge said claims that the NYS scandal is been sensationalized cannot be a ground for the court to intervene because it does not imply news as captured in the media does not represents all facts on the ground.
She said the two should be calmed until such a time when the DPP, DCI and IG will require then to records statements or called to assist in the investigations.
“To that extent there is nothing for which the court can come to their protection,” the judged.
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