NYS scandal case to continue without three suspects, court rules

A Nairobi court on Tuesday ruled that the hearing of the National Youth Service scandal case involving former Youth Affairs PS Lillian Omollo, former NYS Director-General Richard Ndubai and others will continue without three accused persons who are yet to take plea.

Anti-Corruption Magistrate Lucas Onyina ruled that the proceedings of the NYS cluster 3 case, which involves alleged theft of Ksh.167 million from the youth agency, will go on to ensure the trial of those in court is heard without delay and infringing on their rights.

Defense lawyers wanted the case adjourned until the three accused persons — two individuals and one company — are in court, arguing that the prosecution had several options among them withdrawing the charges facing the accused.

“Without evidence of actual service or actual execution of warrants one can’t agree that their conducts comes within article 50 of the constitution, Let the charges against the accused persons be dropped,” court heard.

However, according to the prosecution, the accused persons are yet to present themselves to court to take plea despite numerous warrant of arrests having been issued against them.

The prosecution submitted that efforts to have the three accused persons arraigned in court have borne no fruit since they have switched off their mobile phones.

In the case, it is alleged that former PS Lillian Omollo, Richard Ndubai and others between April 2016 and may 13 2017 conspired to commit defraud the NYS Ksh.167,535,700.