REMANDED

Ngirita to spend two days in prison for failing to attend court

The court says the suspect has a tendency of skipping proceedings without any compelling reasons

In Summary
  • Ngirita, trading as Njewanga Enterprises, faced four counts of failure to submit a tax return contrary to the law.
  • She is also facing another charge of failing to pay tax amounting to Sh6.9 million in 2016. She denied all the charges.
Phylis Njeri Ngirita before Milimani chief magistrate Martha Mutuku on October 24, 2019.
I'M SUFFERING: Phylis Njeri Ngirita before Milimani chief magistrate Martha Mutuku on October 24, 2019.
Image: COURTESY

A Nairobi court on Wednesday detained National Youth Service graft suspect Phyllis Njeri Ngirita for two days for skipping court session.

Milimani senior principal magistrate Bernard Ochoi in a brief ruling said that Ngirita has a tendency of skipping court proceedings without any compelling reasons.

“The accused person will be detained for two days since she has a tendency of jumping bail without valid reasons. She will be remanded at Langata Women’s Prison,” the magistrate said.

On Monday, the court issued a warrant of arrest against Ngirita when she failed to attend the court for the second time.

She was to appear in court for the hearing of the Sh20 million tax evasion case.

"I hereby issue a warrant of arrest against the accused and summons to the investigating officer and the accused to appear in court," Bernard Ochoi said.

Ngirita, trading as Njewanga Enterprises, faced four counts of failure to submit a tax return contrary to the law.

She was accused that on December 31, 2017, Ngirita, trading as Njewanga enterprises, jointly with others not before court, deliberately failed to pay cooperation tax amounting to Sh13.7 million in 2017.

She is also facing another charge of failing to pay tax amounting to Sh6.9 million in 2016. She denied all the charges.

During her plea taking in 2019, the prosecution had sought to have her given stringent bail and bond terms.

Through lawyer Evans Ondieki, Ngirita sought for lenient bail and bond terms, claiming her family has been struggling and has even been going hungry.

She said her son had been out of school because of fee arrears because all her bank accounts were frozen.

Ngirita added that the son, whose father is German, had been urging her to change his name so he can study comfortably.

"Your honour, I have suffered a lot due to the media coverage of the NYS matter. My accounts have been frozen, my vehicles were taken away and now I cannot pay my bills," Ngirita said.

The prosecution sought to have her given stringent bail and bond terms.

Ngirita is out on a Sh1 million bond and an alternative Sh1 million bail. 

In July 2019, the High Court barred the Ngirita family from accessing any money held at the Kenya Commercial Bank. The orders were granted by Justice John Onyiego following a case filed by Opportunity Internationals Wedco Limited.

“An order is hereby issued prohibiting Ngirita and her two siblings from accessing proceeds in Kenya Commercial Bank, account number 1109800584 pending hearing and determination of the case,” the court said.

Phyllis Njeri Ngirita, Lucy Wambui Ngirita, and Jeremiah Gichina Ngirita were named as respondents in the case with two companies  including Platinum Credit Limited being named as interested parties.

The matter will be mentioned on Friday.

(edited by Amol Awuor)

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