The DPP on Monday asked the High Court to dismiss an application filed by ex-NYS director general Richard Ndubai and other suspects in which they seek to overturn a decision denying them bail.
DPP Noorjin Haji, in response to the application filed by Ndubai, said the evidence before him shows that the NYS boss was part and parcel of the fraud at the NYS and his release pending trial might prejudice the case.
“Majority of the witnesses set to testify in the cases against the accused person were his juniors who worked were under him, hence a very high likelihood of interference and intimidation of the witness,” the DPP said.
Gender and Youth Affairs PS Lilian Omollo and other suspects have similarly filed applications at the court seeking their release pending their trial in the NYS scandal.
Omollo, who is admitted to the Kenyatta National Hospital private wing, also wants her prosecution suspended pending the hearing and determination of the application.
Faced with multiple charges over the loss of Sh486 million at the NYS, she argues that Senior resident magistrate Douglas Ogoti of the Anti-Corruption Court did not consider arguments in their bail application before remanding them.
But the DPP says there is a good reason why the suspects should be locked up arguing that they have not adduced sufficient evidence to show how the magistrate misdirected himself in exercising his judicial discretion.
“It will be just and fair if the court dismisses the applications and orders sought. In an affidavit by inspector police Paul Waweru, the DPP says he is committed to quick hearing and disposal of the case even if it means for long hours.”
“The matters raised by the applicants in their affidavit for refusal of bail are matters of judicial,” Waweru said.