The Director of Public Prosecutions (DPP) on Monday urged the High court to dismiss a case by a member of the Ngirita family seeking to be allowed to withdraw part of millions of shillings frozen in bank accounts linked to theft of funds at the National Youth Service (NYS) for payment of her son’s fees.
In documents filed in court, DPP Noordin Haji says that Phyllis Njeri Ngirita should not be allowed to withdraw Sh 700,000 in her bank accounts as they are proceeds of crime.
“I urge the court to dismiss the application by Njeri as it lacks merit and is an abuse of the court process.The accounts should remain frozen as the applicants has not given persuasive reasons to have the court unfreeze the accounts,” says Haji.
Njeri has been seeking to access her bank accounts to pay school fees for her son at Pembroke House School in Gilgil following arrears of Sh3,479,921.
“That the funds amounting to Sh 700,000 obtained by the applicant (Njeri) was received through a loan from Opportunity International Wedco limited which is related to proceeds of crime,” says the DPP.
According to Haji says that the security used in obtaining the said loan is a motor vehicle registration number KCH 753U a Toyota station Wagon that is also our point of interest as the said motor vehicle is part of the proceeds of NYS II corruption scandal and the same has been preserved.
Further the DPP says that the charges that Ngirita is facing the lower court are serious offences as they involve loss of funds amounting to Sh 455,259,785.
“That l have made several applications to freeze the accounts of the applicant and her co-accused persons as the funds received in the frozen accounts are proceeds of crime they received during the time they committed the offences,” he adds.
Haji says that Asset Recovery Agency have in possession vehicles belonging to Njeri that was got through proceeds of crime and the same have been preserved by the court.
In her application, Njeri said she has been subjected to untold suffering since her account at Kenya Commercial Bank,Gilgil branch,was frozen in 2018 by Justice John Onyiengo on suspicion that she was involved in anti corruption transaction.
“The order has caused undue hardship to my family and paralysed the education of my children,” she says.
Yesterday Justice Mumbi Ngugi gave Njeri more time until Thursday this week to file her responce on DPP’s application. the case will be heard on March 4,20120.
After the court session, Njeri broke down into tears after the court declined to allow her to ccess her bank accounts.
While speaking outside milimani law court, she said that her son has been out of school and is no longer able to speak German, instead, he speaks Swahili and Kikuyu languages, as such she fears he is turning into a chokora [street urchin].
“I want the President to know that we are being persecuted. My family (the Ngirita’s ) has been through a lot. Even if I am a suspect, we have been persecuted for two years. I used to work and all my money is stuck at NYS…I’d rather die or been thrown in jail than go through this,” a weeping Njeri said.
Futher, she also accused the investigating agencies and prosecutors of leaving out a key person in the theft of the taxpayers money at the National Youth Service.
“The Ngiritas are being used as a sacrifice. I want them show us the list of the other suspects. Where are they.They claim that we stole billions. There were too many people in that list and the Ngiritas are being used as a sacrifice,” added Njeri.