Businessman fails to get anticipatory bail over Sh9 billion NYS scandal

Lady Justice Grace Ngenye Macharia

The director of a company suspected to have received part of the Sh9 billion loot from the National Youth Service (NYS) has lost a bid to secure anticipatory bail pending arrest.

Lady Justice Grace Ngenye Macharia dismissed the application by James Thuita Nderitu and gave the Ethics and Anti-Corruption Commission (EACC) detectives the green light to arrest him.

“His application does not meet the threshold to be granted anticipatory bail. I urge him to be calm until such a time that he or any other director of the company shall be required to record a statement or summoned to assist with investigations,” ruled the judge.

Justice Macharia said the businessman should have nothing to fear if he believes his company conducted clean business with NYS, and he should use the evidence in his possession to defend himself should he be charged.

The Judge ruled that Mr Nderitu was seeking anticipatory bail based on rumours when he has not been summoned to record a statement.

“If he has evidence that he did clean business with NYS, he should use it to demonstrate that his company is not a shell company and that he never sold or delivered ‘air’ to NYS as alleged,” she ruled.

Nderitu is the director of Firstling Supplies Limited said to have received the biggest chunk of payment from NYS.

He argued that he risks being arrested and subjected to unfair prosecution.

But Justice Macharia ruled that there was no evidence that the EACC or the Director of Criminal Investigations intended to ambush him without giving him a chance to record a statement and tell his side of the story.

“He has not shown how the EACC or the DCIO would infringe on his rights if he is investigated and arrested.”