Suspects in NYS case seek gag order against Waiguru

Former Devolution Cabinet Secretary Anne Waiguru. (Photo: File)

The 11 suspects facing money laundering charges over the Sh791 million National Youth Service scandal now want former Devolution Cabinet Secretary Anne Waiguru barred from commenting on the case.

The suspects told a Nairobi court Thursday that the former CS has been making prejudicial statements in public, and causing the same statements to be published in the media.

They claim that Waiguru, who has announced that she will be contesting the Kirinyaga governor's seat, has been using the case to gain political mileage and trying them in public.

They told Milimani Senior principal magistrate Martha Mutuku that the former CS's continued remarks are likely to affect the determination of the case based on the fact that she was adversely linked to it at the beginning.

"We urge the court to restrain Waiguru from making any further comments as the matter is already before court," said Lawyer Maina Wachira .

Those facing trial include business woman Josephine Kabura, Ben Gethi, John Kago, Samuel Wachenje, Anthony Gethii Kihara, Benson Gachoka, Benson Gethi, John Hope Vandamme, Martin Gachara Wanjohi and Jedida Wangari, Charity Wangui and Lawyer Patrick Ogola.

Yesterday, their lawyer asked the court to restrain parliamentary accounts committee from summoning the suspects for further interrogation.

Wachira said the suspects having already been grilled by relevant bodies and charged before the court, would suffer double jeopardy should they honour the summons.

The lawyer said they should be given time to concentrate on the two cases against them pending before court, and not be subjected to a separate trial.

However, state lawyer, Victor Mule, said the Director of Public Prosecution has no powers to bar PAC from summoning suspects.

Mule urged the court to refer the matter to the High court for interpretation.

"For the case of Waiguru, she is not a state officer and she is not a witness in this case. The constitution provides how state functions should run. Let the parties follow the right procedure" he said.

The matter came up in court for further directions and the magistrate will rule on September 29.

The 11 are being prosecuted under the Proceeds of Crime and Anti-Money Laundering Act.

This formed the basis upon which properties worth millions of shillings were seized and their bank accounts frozen.

The suspects had filed multiple suits seeking to have 15 counts of money laundering preferred against them terminated.

Their bid failed after the High court declined to stop their prosecution.

The prosecution alleges that they used proceeds from money meant for NYS projects to buy properties within the city, knowing very well that it had been obtained through fraudulently.

The Assets Recovery Agency has obtained orders freezing some of the accounts and is trying to recover some properties.