Poor Kenyans burdened with the country’s debt are losing hope in kenyan justice due to heavy corrupt scandals that are disappearing in thin air after tedious court proceedings drain their already exhausted brain.
How disappointing it is to learn that after awakening of the NYS scandal it has now turned to a cat and mouse drama between the magistrate and the defence side over adjournment of the case and even further a wish for recuse of the magistrate.
Lawyer Kiraithe Wandungi accused trial Magistrate Douglas Ogoti of failing to observe the rights of his client by declining to adjourn the matter.
He asked the magistrate to recuse himself from hearing the matter if he will not allow his client to go through the Wednesday proceedings or start the matter afresh; sentiments which were backed by the other accused persons.
The hearing of the National Youth Service (NYS) scandal case against former Youth Affairs PS Lillian Omollo, ex-Director General Richard Ndubai and others were today however adjourned after defence lawyers complained over how the matter is being heard.
Mr Kiraithe Wandungi told the court that his client was not represented on Wednesday as he was at the Court of Appeal and asked the court to give him time to go through the proceedings.
In his directive, Magistrate Douglas Ogoti said that the application by the defence did not meet the threshold to warrant an adjournment of the court.
“There are 37 accused persons, it is a peculiar trial and this court will guard against applications that trample on other accused persons,” said Magistrate Ogoti.
This comes after one of the defence counsels asked the court for a November 12 adjournment citing more time with his client over the new charges.
Prosecution however opposed this application saying that was meant to delay the trial.
The prosecution, on its part, claim that they have enough evidence against the 37 accused persons. In an opening statement, Prosecutor Joseph Irungu told the court that the office of the Director of Public Prosecutions (DPP) said it will show to the court how money was transferred from one account to another.
Mr. Irungu added that most of the transactions by the Ngirita family were conducted at the Gilgil, Naivasha, Village Market and Hurligham branches.
The prosecution further told trial Magistrate Douglas Ogoti it intends to demonstrate that the acts and omissions were not just negligent but well-calculated schemes to siphon public funds.
Do you support the adjournment of the case?