The Director of Public Prosecution (DPP) Noordin Haji has directed the Director of Criminal Investigation (DCI) George Kinoti to ascertain and ensure that securities and funds presented by accused persons in the eight billion shillings National Youth Service scandal for their release on bail and bond are not proceeds of crime.
In his letter, the DPP said that the Asset Recovery Agency had raised fears that some funds intended to be used are not only suspect but subject of the current cases.
On Tuesday, high court judge Hedwig Ong’undi ordered that each suspect be released on a 5 Million shillings bond, a cash bail of 1 Million shillings and a surety of 2 Million shillings after spending about three weeks in remand prison.
They are also required to deposit their travel documents with the court and report to DCI office once a week.
The NYS scandal suspects had challenged the decision by anti corruption court Chief Magistrate Douglas Ogoti to deny them bail.
They had argued that by refusing to grant them bail, the court had passed a guilty verdict on them.
Meanwhile, the pre-trial conference for the forty two suspects charged with the loss of 468 million shillings at the NYS was Wednesday adjourned until 17th of next month.
Anti-corruption Court Chief Magistrate Douglas Ogoti suspended the proceedings after the defense lawyers claimed not to have been served with relevant documents used by the prosecution in the case.
Meanwhile some of the suspects in the NYS scandal have expressed concerns that the bond terms by high court are too stringent to comply with since their bank accounts have been frozen.
Hours after forty three suspects in the 468 million shillings scandal at the National Youth Service were freed on stringent bond terms, the much anticipated case against them failed to kick off for the second time.
This is after it emerged that the accused persons are yet to be furnished with relevant documents which the prosecution will use to prove its case.
Appearing before Anti-corruption Chief Magistrate Douglas Ogoti, the defense lawyers opposed the pre-trial conference which was meant to fix hearing dates arguing by doing so the court would be infringing on the rights of the suspects.
Ogoti adjourned the pre-trial conference to 17th July and further directed the Director of Public Prosecutions to serve all the suspects with relevant documents including original witness statements beginning Monday next week.
The suspects were on Tuesday released by the high court on condition that they pay a bond of 5 million shillings, 2 million shillings surety and a 1 million shillings cash bail.
However for some of the suspects the orders cannot be complied with since their bank accounts have been frozen.
The anti-corruption court has however asked the suspects to raise their concerns once the hearing kicks off even as they seek to challenge the decision by the Assets and Recovery Authority to freeze their bank accounts.
The suspects who include Public Affairs Principal Secretary Lilian Omollo and NYS Director Richard Ndubai are required to deposit their travel documents with the court and report to the Directorate of Criminal Investigation offices once every week pending further orders of the trial court.