Eleven suspects among them businesswoman Josephine Kabura, businessman Ben Gethi and eight others have blamed the prosecution for delaying the trial of money laundering charges over the National Youth Service (NYS) scandal against them.
The case had been set for pre-trial before Milimani chief magistrate Susan Shitubi, it could not proceed since the prosecution was not ready, prompting the defence complainant the move by the prosecution seeking more time to supply witness statements.
Defence lawyers protested, saying the case has been pending in court for the last seven years because of the delay by the prosecution.
The court heard that so far about 27 out of 45 witnesses have already testified.
However, the magistrate allowed prosecution application for adjournment until February 7,2024 to enable them to supply the remaining documents before the hearing of the case which is expected to start from May 20,22 and 23, 2024.
It is alleged that Kabura, John Kago Ndungu and lawyer Patrick Ogolla between December 2014 and May 30, 2015, engaged in an arrangement for the transfer of Sh90 million to an account in K-Rep Bank belonging to one Patrick Ogolla Onyango and Company advocates.
In the case, Kabura who previously was linked to the theft of Sh791 million NYS funds and Gethi are charged alongside John Kago, Samuel Wachenje, lawyer Patrick Ogolla, Anthony Gethii, Benson Gachoka, John Hope Vandamme, Martin Wanjohi, Charity Wangu and Jedidah Gethi.
The accused persons have since pleaded not guilty to the 16 counts relating to transactions which the prosecution says involved the stolen funds.
According to the prosecution Kabura and her co-accused persons transferred the money while knowing it was proceeds of crime stolen from NYS.
It is said that properties and cars were bought including cars, plots and houses using the NYS cash but concealed under pseudo company names.
The charges against them state that between December 1, 2014, and April 30, 2015, in Nairobi, they jointly engaged in an arrangement for the purchase of motor vehicles at the cost of Sh23 million while knowing that the said money were proceeds of crime.
Kabura and Kago denied that they bought a car costing Sh6.3 million from the stolen NYS money.
The eleven are accused of allegedly colluding to wire the amount from NYS coffers and using part of it to purchase the property through phoney companies.
Kabura, Gethi, Kago, Ogolla are accused of arranging the purchase of a Range Rover Reg. No: KCB 750Z worth Sh 23 million with proceeds of crime between December 31, 2014, and April 30, 2015.
In another count, the prosecution alleges that Samuel Mudanyi Wachenje alias Sam Mwadime engaged in the purchase of a Toyota Prado KCE 874R worth Sh5.2 million shillings with money stolen from NYS.
Another count accuses Kabura, Kago, Gethi and John Hope Vandamme of arrangement for the purchase of a Land Cruiser KCD 536P valued at Sh5.07 million shillings with part of the Sh 791 million siphoned from NYS.
Kago, Kihara and Paul Kinuthia Gachoka also allegedly purchased a Toyota Land Cruiser worth Sh5.2 million with the same money.
They are further accused that between December 1, 2014, and April 30, 2015, Kabura, Kago, Charity Wangui Gethi, Patrick Ogolla Onyango and Gachara Wanjohi arranged the transfer of Sh77.6 million to an account belonging to Gethi’s mother at Faulu Kenya, among other counts.
The court, however, ordered the accused persons to remain on their earlier cash bails of Sh300,000 or an alternative bond of Sh1 million each pending the hearing and determination of the case.
In 2016 the accused persons moved to the Court of Appeal to stop the same charges against them.
This was after the High Court dismissed their application and ordered that they be prosecuted with fresh charges of money laundering.
Justice Onguto dismissed claims by the accused persons that the then Director of Public Prosecutions Keriako Tobiko abused his powers in preferring the charges against them.
The High Court also directed that the suspects be prosecuted under the Proceeds of Crime and Anti-Money Laundering Act which formed the basis upon which properties worth millions of shillings were seized and their bank accounts frozen.
The suspects had earlier filed multiple suits to have charges dropped. They said claims against them were unclear and irrelevant as they received money in their normal course of business.
