The DPP is opposed to NYS scandal suspect Phylis Ngirita being allowed to withdraw Sh700,000 from her frozen bank account to allegedly pay school fees for her son.
The matter has been adjudicated on and the application is, therefore, an abuse of court process, prosecutor Carol Sigei said on Monday.
Ngirita says the freezing of her Kenya Commercial Bank account has caused undue hardship to her family and paralysed the education of her children.
“My son has been unable to attend school because of the outstanding school fees. I am not engaged in any meaningful employment. Necessitating this application and allowing the withdrawal of school fees will not in any way prejudice any party in the case,” she said.
She said well-wishers have been unable to raise the amount needed for school fees.
The money in the KCB account was not linked to the corruption case and that it was a bank loan she had taken to specifically pay school fees.
Ngirita pleaded with the court to consider the best interest of the child as it dealt with her application.
She said her son's school wrote on June 5, last year, to say he could not be allowed back to the institution until fee arrears of Sh1.4 million was cleared. She had promised to clear the arrears but has been unable due to the freezing of the account.
The Asset Recovery Agency last year said the Ngiritas had failed to give evidence that they secured contracts with the National Youth Service, supplied goods or even paid taxes.
ARA investigator Fredrick Musyoki said the funds were fraudulently obtained because there was no evidence of any goods supplied to NYS.
“The respondents failed to produce tangible evidence of the purported legitimate agricultural activities or legitimate business of supply of goods,” Musyoki said.
Ngirita claims to have supplied watermelons, cabbages, potatoes, onions and green grams worth Sh5.8 million in 2014. There was no explanation of a Sh32,874,670 difference, the agency says.
The hearing resumes on February 24.
