NYS suspects want trial halted until Ben Gethi’s sister is flown back to the country
An arrest warrant has been issued for Jedidah Wangari, who is yet to take a plea and her whereabouts are unknown. Lawyer says suspects will be subjected to a retrial
Ten suspects in the Sh791 National Youth Service money laundering case have launched yet another bid to stall their prosecution.
Businesswoman Josephine Kabura, her co-accused Ben Gethi, lawyer Patrick Ogolla and eight others yesterday urged the court to halt their trial until a suspect who is out of the country is brought back and charged.
The case was to begin yesterday before trial magistrate Martha Mutuku, but it hit a snag after the suspects’ lawyers put up a spirited fight to have the matter delayed until Jedidiah Wangari, Gethi’s sister, is flown back to the country and charged.
Other suspects are Anthony Kihara,Charity Wangui, John Hope John Kago, Martin Gachara, Paul Kinuthia and Samuel Mundanyi.
The request to delay the case was made by Ogolla’s lawyer Chacha Odera. He was supported by other lawyers, who said it would be unfair to subject the suspects to a retrial.
A warrant of arrest has already been issued for Wangari, who is yet to take a plea. Her whereabouts are still unknown.
The trial encountered yet another problem after Gethi’s lawyer Joseph Wagara excused himself from acting for him.
The lawyer, though still acting for another suspect in the case, told the court he no longer wishes to represent the businessman.
The DPP, who was ready to proceed with the case, urged the court to reject the new application, saying the order sought was unsustainable.
“The 10 accused will suffer no prejudice if the trial continues and there is no likelihood of a retrial,” state lawyer Victor Mule said.
He said the case has been in the public domain and it will be in the interest of justice if it is concluded as soon as possible. The ruling will be delivered on December 9.
NYS suspect Josephine Kabura appears in court yesterday