The High Court will rule next Tuesday
on whether persons implicated in the Sh9 billion NYS scam will be released on bail.
This was announced on Tuesday after their
lawyers renewed their fight saying the decision to deny them bail was against their constitutional right.
The Director of Public Prosecution has opposed this saying the reasons were compelling.
Among the suspects who number at least 43 are Youth and Gender Affairs
PS
Lilian Omollo and former NYS Director General Richard Ndubai, who are currently in remand. They are to remain there until the trial ends.
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Arguing before justice Hedwig Ongudi today, the lawyers said due process must be followed.
"We understand the pressure but this is not a court of public opinion. The Judiciary is required to operate independently," said lawyer
Migos Ogamba.
"Notwithstanding the belief that this is a crime that should be punished instantly, this court must confine itself to the provisions of law."
The lawyer further told justice Ongudi that the fight against corruption must be waged within the law.
"We cannot start a fight against corruption by subverting the Constitution," he noted.
Assa Nyakundi said the accused are regarded innocent until proven guilty and that there is
no evidence to show they will interfere with witnesses.
The prosecution also said that some of the accused are junior officers who might be intimidated by their seniors. The ODPP
believes their release will interfere with the trial process.
The suspects have filed applications for release at the court.
In his response, DPP Noordin Haji asked the court to dismiss them as their freedom might be detrimental to the case.
Top police officials have denied ever making deals with the Ngirita family or any of the NYS suspects.
It was confirmed on Monday, however, that lead investigator Julius Muia was dropped from the case over these claims.
Muia
swore the affidavit that saw 43 suspects denied bail and remanded by Anti-Corruption court magistrate Douglas Ogoti. He
was supposed to have disqualified himself from the probe.
Meanwhile, Health CS Sicily Kariuki and Public Service CS Margaret Kobia snubbed the Public Accounts Committee which they were to face earlier today.
Kariuki is on an official US trip with First Lady Margaret Kenyatta while Kobia is attending the launch of the National Land use Policy at the KICC in Nairobi.
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