The High Court has declined to stop the prosecution of three ministry of devolution employees over theft of National Youth Service monies even as former NYS Deputy Director-General Adan Harakhe and the ministry’s administrator Hassan Noor were charged.
Anti-Corruption and Economic Crimes Court judge Hedwig Ong’undi ruled that Ruth Kiiru, Salim Ali and Kennedy Nyamao should face trial like the rest of the 24 accused persons.
“Documents produced in this court confirm that the three have already been charged and I therefore decline to issue any order as requested by the accused persons,” the judge said.
The three had sought to stop their trial on ground that their prosecution was an abuse of court process since it comes four months after having recorded statements and that they were merely employees of the ministry of devolution.
They also argued that it was unfair for them to face charges yet the former Devolution Cabinet Secretary Anne Waiguru was not, yet she was heading the ministry and its running projects at the time the alleged theft occurred.
In their case documents they accused the Ethics and Anti-Corruption Commission (EACC) and the Director of Public Prosecutions (DPP) Keriako Tobiko of acting unreasonably as well as in bad faith for initiating their prosecution.
“The EACC and DPP as decision makers in matters to do with prosecution are in breach of acting fairly for failing to attempt to prosecute the former CS,” they said.
But according to the EACC and the DPP, the three absconded court last Friday when more than 15 NYS suspects except for Mr Harakhe and Mr Noor, were being charged.
Both EACC and Mr Tobiko had argued that they had followed due process in carrying out investigations and initiating prosecutions.
Magistrate Felix Kombo had last week issued warrant of arrest against Mr Harakhe, Mr Noor and the three together with Ms Florence Bett since they failed to appear in court to plead to charges.
And on Monday, only Mr Harakhe and Mr Noor pleaded to five charges relating to Conspiracy to commit an economic crime.