Lawyers in the National Youth Service case have accused Director of Public Prosecution of introducing new conditions against their clients release .
Former Gender PS Lilian Mbogo Omollo through his lawyers accused DPP of introducing new bail conditions that were not set by the high court.
He further said there’s no order issued by the high court or magistrate court ordering the Asset Recovery Authority to verify the bond terms.
He told the court despite roadblocks and frustrations along the way his clients has complied with conditions set by the high court.
“To say our client should adhere to a directive of DPP which there are unaware off and even this court is not aware off would be impunity at it best and abuse of power thats utterly prejudicial to the constitution” Ligunya told the court.
Lawyer Ligunya opposed DPP application to be given more time for Asset and recovery agency to verify the surety produced accused Persons to ascertain whether they are not proceeds of crime.
“DPP does not dictate to this court neither can he can his office change the law the way it is to create special directives ” Lawyer Ligunya submitted.
Anti-Corruption Chief Magistrate Lawrence Mugambi said he will make a ruling today but also said law must be followed.
“We must be mindful the fact that high court has already granted them bail . They have presented their surety and conditions in court, and they have said they have complied. Now they come to court and told that there condition which they were not aware off before which come up by a letter dated 20 of June,2018. These conditions were not there when high court issued orders” Magistrate Mugambi commented.
DPP applied youth Affairs Principal Secretary Lilian Omollo and National Youth Service (NYS) Director General Richard Ndubai to remain in remand even after they were freed on bond.
The DPP asked the court to suspend the release of Ms. Omollo and Mr. Ndubai claiming that the bail securities and funds presented for their release are suspect and subject to the current cases.
“We have received information that some of the proposed bond terms have received properties by a way of transfer from the accused persons. Some of the proposed securities are subject to investigations,” said the DPP.
On Wednesday, the DPP instructed the Director of Criminal Investigations George Kinoti to ensure all assets presented by the suspects for their release are valid and legitimately acquired.
“Please note to confirm the validity and legitimacy of the securities and funds being presented by the suspects in the above mentioned cases for purposes of procuring their release on bail and bond,” said the DPP in a letter to the DCI boss.
High court justice Hedwig Ogundi granted the accused persons a cash bail of 1 millions shillings each, asked to deposit bond of 5 millions shillings and a sureity of 2 millions shillings each.
“Each to execute a bond of Kshs 5 Million plus a surety of Kshs 2 Million to be approved by any of the Chief Magistrates of the Anti-Corruption Court. The approval will be done in ACC No 8 of 2018 and will apply to all other files” ruled Judge.
Mahakamani News is Kenya’s top court reporting and crime coverage website. If you have a case that needs coverage, or if you are facing injustice from powerful forces, fired unfairly or reporting any corruption or relevant news pertaining judiciary etc please contact us via email@example.com