NYS theft suspects to stand money laundering charges
The High Court has dismissed an application by 11 people among them businessman Ben Gethi, his mother Charity Wangui and Josephine Kabura who were challenging money laundering charges preferred against them by the Director of Public Prosecutions (DPP).
High Court Judge Joseph Onguto ruled that the suspects can only have their way before the trial court adding that DPP did not violate the law in preferring the charges.
“I do not hold the view that the DPP can be faulted. I am not convinced that the charge as drafted is a revelation of a DPP who did not appreciate the offence. Quite the contrary he did,” Justice Onguto ruled.
In the case Gethi and others had argued that the DPP move to charge them was malicious and in bad faith and therefore the charges against them should be quashed adding that they cannot be charged with similar offences, an argument that was dismissed by the court.
The court heard that money laundering is a stand-alone charge and cannot be read with the offence of stealing.
The suspects have been challenging the charges against them and have never taken a plea at the Magistrate Court.
The DPP preferred the charges against the 11 suspects February this year.
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