Court dismisses anticipatory bail application for NYS suspects
The High Court has dismissed an anticipatory bail application in the National Youth Service (NYS) saga that was made by two suspects who are under investigation.
The two are James Thuita Nderitu (Director at Firstling Supplies Limited) and Bernard Masiga Ayienga (Senior Finance Officer at the Ministry of Youth and Gender).
“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,” Judge Ngenye Macharia ruled.
According to Thuita, the claims of corruption that have been widely reported in the media are mere rumours.
He told the court that that he is a major shareholder and can vouch for Firstling Supplies Limited as an approved supplier of goods for NYS.
Thuita further claimed that he has been subjected to mental and psychological anguish by the media reports, the Director of Public Prosecution, Police and the Director Criminal Investigations.
He termed the corruption allegations as sensational and a detriment to his reputation.
However, the judge rubbished his claims on the media saying: “I make a finding that the media reports do not amount to evidence that a court can rely on.”
The court further urged the applicants to wait until they will be required to record a statement or called to assist in the investigations.
The Judge insisted that for an anticipatory bail to be granted, certain conditions must be met for the court to find that such an admission is warranted.
“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,” the court ruled.