NYS suspect Ngirita wants Sh600,000 funds unfrozen

A suspect in the NYS scandal wants to be allowed to withdraw Sh600,000 from a bank account for her children's upkeep.

Phyllis Ngirita, one of the suspects, had her account at KCB frozen to preserve the funds pending determination of the case.

She now says her son in school is in urgent need of fees.

She says she owes the school Sh3.4 million in unpaid fees and the child risks being thrown out.

"The school is losing patience with me and is threatening to send my aforesaid child away from school," she said.

She says that she has parental responsibilities under Section 2 of the Childrens Act to provide her children with education, medical care, nutrition and shelter.

Ngirita argues that she has not been convicted of any criminal offence and even though she is an accused person she has constitutional rights. She says she ought to be presumed innocent until proven guilty.

As a result of preservation orders given by the court, she has been left with nothing to enable her provide for her children, she said.

"I have been and I continue to be greatly prejudiced by the continued preservation orders as I am deprived of the means to provide for my reasonable living expenses, which has caused me and my dependents undue hardship," Ngirita said.

She is said to have also taken an Sh800,000 loan to maintain her family.

The Asset Recovery Agency says that the vehicle she used as collateral to take the Sh800,000 loan was purchased using fraudulently obtained money from NYS, which are the proceeds of crime.

Using the money as collateral will cause a miscarriage of justice, the agency argued.

Documents filed in court show the State has frozen five parcels in Nakuru, Naivasha and Trans Nzoia and three Toyota vehicles estimated at Sh95 million, but there is no mention of the five bank accounts at KCB.