The Anti-Corruption Court has dismissed Director of Public Prosecutions (DPP), Noordin Haji’s application seeking to suspend the verification of securities before the release of National Youth Service (NYS) scandal suspects.
In his ruling Friday, Anti-Corruption Chief Magistrate Lawrence Mugambi (pictured) said suspending the implementation of the High Court ruling for the release of the 47 suspects would be arbitrary.
However, Mugambi approved Public Service Principal Secretary Lillian Omollo’s sureties after she met all the bond and bail terms issued by the High Court on Tuesday.
He approved Jackline Mbogo, a sister of the PS, to stand Sh2 million surety for her.
The PS is the first accused person to be released after close to three weeks.
At the same time, Mugambi ruled that he would examine the sureties and that the court would determine which ones to allow and deny.
“It is the duty of the court to ensure any security tendered or offered is free from foreseable risk arising from any illegality,” he said.
Mugambi said the concerns by the DPP are legitimate but should be addressed to specific individuals and not generalised to all the accused.
On Thursday, the DPP asked the court to suspend the verification process of the suspects’ sureties until the Director of Criminal Investigations personally undertakes the process.
Mugambi also said that allowing the application by the DPP would amount to contempt of the High Court ruling that granted them bail.
“Should this court suspend the verification, it will be walking on dangerous path and might be cited for contempt of court,” he said.
The court further noted that any objection by the DPP must be precise and made on actual basis and by way of an affidavit.
The magistrate also asked the DPP to produce in court any evidence he may have on the irregularities of the securities presented in court.
Haji had asked the court to suspend the verification process arguing that some of the securities produced were the subject of investigations by the Asset Recovery Authority.
The DPP, through State Counsel Daniel Karuri had raised concern over some of the securities produced asking for more time to verify them arguing that some are proceeds of crime.
Karuri had told the court that one of the securities, an earthmover valued at Sh6 million for the release of Antony Wamiti, was questionable.
Karuri alleged that the vehicle was transferred from Wamiti, an accused person in the case to Alice Wamai, his surety.