The Director of Public Prosecutions on Monday said evidence against people charged with the loss of Sh791 million from the National Youth Service could only be assessed by a court.
Responding to a suit filed in the High Court by businessman Benson Gethi, who is among the 26 people charged with the theft, State lawyer Laura Spira said the DPP initiates prosecution based on evidence and public interest.
While pleading with the court to dismiss cases challenging prosecution over the theft of Sh791,385,000 at NYS, Ms Spira said the rights of the accused had not infringed on.
She said they would be at liberty to defend themselves after the prosecution submits evidence against them.
“It cannot be that the DPP acted in excess of his powers to recommend the prosecution. This suit is an abuse of the court process,” Ms Spira said.
She added that evidence would show linkage between the actions of Mr Gethi the offences he would be charged with.
Ms Spira urged the court to dismiss the suit filed by the businessman who wants the court to strike out his name from a case in which the Assets Recovery Agency wants to get the money from him and others.
He also wants the court orders freezing properties which reportedly belong to him and seven others lifted since “I am not the registered proprietor”.
The High Court granted the orders in November, 2015 after ARA filed an application.
According to Mr Gethi, ARA’s case failed to link him to the theft.
He argues that though his firm — Horizon Ltd — has had a long business relationship with government institutions, no evidence supports claims that he received NYS payments.
Mr Gethi was charged alongside Ms Josephine Kaburu, former Devolution PS Peter Mangiti and NYS Director Nelson Githinji in November.
Mr Gethi and Ms Kabura denied conspiring to steal public money and engaging in organised crime while the PS and NYS director were charged with attempting to induce a senior officer “not to follow up the matter”.
The cases will be heard separately on April 20.
Source: All Africa