'Well-wishers have tried to assist me to raise the school fees but it is not sufficient'
Image: COURTESY
A businesswoman charged with the NYS scandal has asked the court to allow her to withdraw Sh700,000 from her frozen bank account to pay school fees for her son.
Phyllis Ngirita on Thursday made an application to lift a court order that froze her KCB bank account indefinitely on allegations she was involved in a corrupt transaction.
Ngirita said the freezing of the account has caused suffering to her family.
“The orders have caused undue hardship to the family of the applicant and paralysed the education of her children,” Ngirita's lawyer said.
She said her son has fee arrears and that because she is not engaged in any gainful employment, there’s a need for her to be given permission to withdraw money from the bank for fees.
Allowing the withdrawal of school fees will not in any way prejudice any party in the case, she said.
She told High Court judge Mumbi Ngugi that her child has a right to education and should not be punished for the acts or her omission.
“Well-wishers have tried to assist me to raise the school fees but it is not sufficient,” Ngirita said.
The accused said the money in the KCB account has no link with the corruption case she is facing because it is a loan she took from opportunity international for purposes of paying school fees.
She said the court should prioritise the best interest of the child in dealing with her application.
According to letter sent by school on June 5, last year, a decision was reached that Ngirita's son will not be allowed back to school due to fee arrears amounting to Sh1.4 million. She promised to clear the arrears but is unable to do so.
The asset recovery agency while seeking the freeze order last year said the Ngirita’s failed to give evidence that they secured contracts with the National Youth Service, supplied goods or even paid taxes.
Fredrick Musyoki, an investigator, said the funds were fraudulently obtained because there is no evidence of any goods supplied to NYS.
“The respondents failed to produce tangible evidence of the purported legitimate agricultural activities or legitimate business of supply of goods,” Musyoki said.
Ngirita claims to have supplied watermelons, cabbages, English potatoes, onions and green grams worth Sh5.8 million in 2014 but a difference of Sh32,874,670 has not been explained, the agency says.
On Thursday, the Director of Public Prosecutions sought more time to file a response to the application.
Justice Ngugi allowed the DPP seven days to file a reply and scheduled the matter for hearing on February 10.
edited by peter obuya