NYS water tight case lacks evidence, Haji releases suspects

Image result for NYS suspectsThe trial of 32 people charged with the loss of Sh60.5 million at the National Youth Service was adjourned Tuesday to allow the accused persons and their lawyers to prepare adequately for the hearing.

However, Seven people implicated in the National Youth Service (NYS) scam who were released by the court on Monday will be State witnesses, Director of Public Prosecutions Noordin Haji has said.

In a statement released to the media on Tuesday, Mr Haji said seven of the 12 accused persons were junior officers whose evidence will be key in strengthening the prosecution’s case.

He said five other individuals were still facing charges in related cases. Image result for noordin hajiThe cases were consolidated and divided among three magistrates, each handling one file. The statement said some of the accused wrote to him seeking a review of their cases.

Arguing before Principal Magistrate Peter Ooko, the lawyers said the charges, which were amended by the prosecution, introduced new details and timelines on the dates the offences were allegedly committed.

Mr Stephen Ligunya, who represents former PS Lillian Omollo, said the new charge sheet introduced additional charges against her, which changes the approach of the case. He said he needed to seek instructions from Ms Omollo especially because of the voluminous documents he has to go through.

Among those whose charges were withdrawn include former NYS acting director general Sammy Michuki, former head of procurement at the Mechanical Transport Branch (MTB) Rodgers Nzioka, Simon Kanyi Kiiru who also worked at MTB, Stephen Riungu, a former internal auditor at the Treasury, Josephat Njoroge, who worked as an internal auditor at Treasury, and Lucas Otieno, an auditor.

Also freed were NYS staff members Timothy Kiplagat Rotich, Jackson Juma, Humphrey Odhiambo and Bernard Masika.

The trial was adjourned to January 14 to allow the defence team to study the amended charge sheet and prepare for the hearing.Image result for noordin haji

The DPP filed the application to terminate the charges through State prosecutor Riungu Gitonga, noting that his decision was in line with Article 157(6)(c) of the constitution.

Through principal prosecutor Verah Amisi, he also cited Section 87 (a) of the Criminal Procedure Code

The accused persons did not oppose the withdrawal of the charges and Principal Magistrate Peter Ooko ordered that their cash bail and sureties be returned to them.

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