11 NYS fraud suspects to be charged
30 June 2016, 13:16
Nairobi - Eleven suspects linked to KES 791 million scandal at the National Youth Service (NYS) will be charged with money laundering following the ruling by the High Court on Wednesday.
High Court judge, Justice Joseph Onguto declined to stop the Director of Public Prosecution (DPP) Keriako Tobiko from charging the suspects with money laundering.
While dismissing seven applications filed by the suspects, Onguto said the DPP had not abused his powers in preferring the charges as alleged.
He said the trial court is the right forum for the 11 suspects to argue their case.
“The suspects having been charged with theft, the DPP was right to prefer money laundering charges since the two offences are related. The court cannot interfere with the DPP's powers to prosecute suspects except in certain circumstances,” Onguto said.
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He said it is not for the High Court to determine the innocence of the accused persons but it is for the trial court to make a determination upon trial.
Furthermore, the judge said despite the fact that money laundering offences is new in the country, so long as there is evidence it can be a stand alone charge.
The suspects had asked the judge to stop their prosecution on grounds that the money they are alleged to have laundered has not yet been proved to be from proceeds of crime, but justice Onguto said the DPP ought not to proof the money laundering charge before the suspects are formally arraigned in court.
Justice Onguto also declined to delay their trial for another 14 days to allow them appeal his decision.
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