Court adjourns NYS scandal case after defence complaint


Court adjourns NYS scandal case after defence complaint
From Right: Former Youth and Gender Principal Secretary Lilian Omolo, former National Youth Service (NYS) Director-General Richard Nduba and other suspects charged with theft of funds at NYS. The trial begins on Monday, October 29. PHOTO| WALTER DZUYA

In Summary

  • Lawyer Wandungi told the court that his client was not represented on Wednesday as he was at the Court of Appeals and asked the court to give him time to go through the proceedings.
  • Mr. Wandungi also accused trial Magistrate Douglas Ogoti accusing him of failing to observe the right 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.

The hearing of the National Youth Service (NYS) scandal case against former Youth Affairs PS Lillian Omollo, ex-Director General Richard Ndubai and others was on Thursday adjourned after defence lawyers complained over how the matter is being heard.

Lawyer 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.

Mr. Wandungi also accused trial Magistrate Douglas Ogoti accusing him 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.

In a short ruling, the magistrate allowed the application to have Mr. Wandungi go through the proceedings and directed parties to appear for ruling.

Defence lawyers in the case have been fighting to have the magistrate recuse himself but Justice Ogoti has remained firm saying that he will hear and determine the case.

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.

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Story By Dzuya Walter
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