The High Court dismissed anticipatory bail application made by the two top government officers who are being investigated over the ongoing NYS saga.
Justice Ngenye Macharia of High court criminal division ruled that the two , James Thuita Nderitu -director at Firstling Supplies Limited company and Bernard Masiga Ayienga Senior Finance Officer at the Ministry of Youth and Gender moved to court seeking anticipatory bail.
“I cannot hesitate to find that this application is unmerited. It does not meet the threshold the grant for anticipatory bail to the applicant. The same is dismissed with orders as to no cost,”court ruled
According to Thuita, the matter has been reported in the media are nothing more but rumors adding that he is a major shareholder of Firstling Supplies Limited company which has been allegedly been doing lawful business with the National YOUTH Service as an approved supplier of goods that has been lately subjected to mental and psychological anguish and torture due to press statement by the Director of Public Prosecution, Police and the Director Criminal Investigations.
Thuita claimed that the media had widely publicized and sensationalized the issue to his detriment
In her ruling the judge said that claims that the NYS scandal is been sensationalized could not stand because it does not imply news as captured by the media represents all facts on the ground.
“I make a finding that the media reports do not amount to evidence that a court can rely on,”judge said
The court noted urged the applicants to be calmed until such a time that he or any the director of the company shall be required to records state a statement or called to assist in the investigations.
The judge said that for an anticipatory bail to be granted certain conditions must be met for the court to find that such an admission is warranted. Macharia said that the two =ought to have demonstrates a breach of their fundamental rights and freedom.
“Thuita has clearly failed to show an imminent breach of their fundamental rights and freedoms , he has tendered a case based purely on mere apprehensions and unfounded rumors to that extent there is nothing for which the court can come to their protection, “court ruled.
The decision is a boost to detectives who are expected to sweep into action anytime next week to arraign the suspect in court.
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