Why it will be difficult for NYS scandal suspects to secure release

Suspects charged over the Ksh.9 billion National Youth Service (NYS) scandal are in for a rough time after the Director of Public Prosecutions (DPP) Noordin Haji on Wednesday set a strict condition for their temporary release, on top of what the court set out on Tuesday.

Justice Hedwig Ong’undi on Tuesday released each of the 47 suspects on a bond of Sh5 million with a surety of Sh2 million and further instructed each one of them to deposit a cash bail of Ksh.1 million.

While some of the suspects lament that they cannot raise the amounts, the DPP has instructed the Director of Criminal Investigations George Kinoti to ensure all assets presented by the suspects for their release are valid and legitimately acquired.

The DPP notes that some of the suspects could present assets that are subject to the ongoing case.

“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.

“Concerns have been raised by the Assets Recovery Agency (ARA) that some of the funds intended to be used are not only suspect, but the subject of the current cases.”

Some of the top suspects, the Ngiritas, told the court they cannot afford to pay the bond  as their bank accounts were frozen.

“How are they going to finance their case and they have no access to their accounts? The State is also snooping in our accounts. This is not fair and you need to give us directions to this too,” Defense lawyer Cliff Ombeta said on Wednesday.

Meanwhile, Judge Ong’ undi also directed the applicants and the co-accused to deposit their travel documents with the court.

The accused persons, including Youth Affairs Principal Secretary Lillian Omollo and NYS Director General Richard Ndubai are also not to leave  the jurisdiction of the Nairobi Chief Magistrate without prior orders by the court.

They are also not allowed to go to their former offices unless accompanied by an officer.