• Ngirita asked for the money to pay school fees for her son.
• Wycliffe Kiprono, collections manager at Opportunity Kenya Ltd, wants the application by Ngirita dismissed for abuse of the court process.
Image: FILE
A company that loaned NYS graft suspect Phylis Ngirita Sh800,000 has urged the court to stop her from accessing Sh700,000 from her frozen KCB account.
Ngirita asked for the money to pay school fees for her son.
Wycliffe Kiprono, collections manager at Opportunity Kenya Ltd, wants the application by Ngirita dismissed for abuse of the court process.
Kiprono says Ngirita has approached the court with unclean hands.
Court documents say Opportunity Kenya advanced the Sh800,00 loan on the strength of a motor vehicle tendered as security.
The vehicle subsequently became the subject of forfeiture proceedings.
“Ngirita ought not to be allowed to benefit from the proceeds of a loan advanced by us on account of security that may eventually be pronounced as emanating from proceeds of crime,” Kiprono says.
The loan amount was deposited in Ngirita’s bank account held at KCB which is now frozen by an order of the High court.
Phylis is among the four members of the Ngirita family facing criminal charges over theft of millions of shillings from NYS.
According to the prosecution, the Ngirita family were paid millions of shillings from NYS for goods and services not rendered.
Justice Hedwig Ong'udi granted the account freezing orders following an application by ARA.
The Director of Public Prosecutions has also urged the court to dismiss Phylis Ngirita's application to withdraw the money.
Prosecution counsel Carol Sigei said the application is an abuse of court process as the issues had already been adjudicated on.
In the application, Ngirita says the freezing of her 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 hence necessitating this application and allowing the withdrawal of school fees will not in any way prejudice any party in the case,” she says.
She claims that well-wishers have tried to assist her to raise the school fees but it is not sufficient.
The accused said the money in the KCB account has no link with the corruption case she is facing.
She said the court should prioritise the best interest of the child in dealing with her application.