SURETY WITHDRAWN

Ngirita back to prison in Sh468 million graft case

This is after the person who had stood surety for her withdrew

In Summary
  • Ngirita will now have to source for a replacement of the Sh500,000 surety to secure her freedom. 
  • The details as to why the individual chose to withdraw cannot be said following a court directive. 
A police officer guards a section of individuals charged with corruption at the NYS among them former Youth affairs Principal Secretary Lilian Omolo on August 15 last year.
A police officer guards a section of individuals charged with corruption at the NYS among them former Youth affairs Principal Secretary Lilian Omolo on August 15 last year.
Image: COLLINS KWEYU

Ann Ngirita will spend her days at Lang'ata Women Prison until she replaces a Sh500,000 surety deposited in court to bail her out.

The surety was part of the bail terms given by an anti-corruption court when she was charged over the loss of millions at the National Youth Service in 2018. 

Magistrate Eunice Kagure directed that Ngirita be placed in custody after the person who had stood surety for her withdrew.

The details as to why the individual chose to withdraw cannot be published following a court directive. 

"Surety is a voluntary act. This court lacks power to force him to continue being a surety. It is also not clear under what circumstances Ngirita has not been in touch with the surety. Application is granted," the magistrate said. 

Ngirita will now have to source for a replacement of the Sh500,000 surety to secure her freedom. 

At the same time, former Youth Principal Secretary Lilian Omollo sought to have all the NYS graft cases handled by a single magistrate.

Omollo told Kagure that they cannot continue having the same hearings in three different courts with the risk of arriving at conflicting decisions.

She asked the court to have the Sh226 million file that is before Kagure placed before the Anti-Corruption Division presiding magistrate to allocate the matter to a single magistrate that will hear all cases.  

In the case, Omollo, former NYS director general Richard Ndubai, Ngirita and 33 others are facing trial over the loss of Sh226 million. 

Other charges include neglect of official duties, abuse of office, uttering false documents, fraudulent acquisition of property, among others.

The prosecution seeks to demonstrate, through its witnesses, how the accused persons colluded and facilitated payment of Sh226 million to fictitious entities. 

The NYS case is divided into three clusters: One involves Sh60 million, another Sh167 million and lastly, the Sh226 million that is currently before Kagure.

Omollo and Ndubai are in the clusters of Sh167 and Sh226 million that are being handled by separate courts.

The prosecution said the application by Omollo was an ambush. It asked the court to direct that a formal application be made and they be granted an opportunity to respond. 

Kagure said she will give her ruling on February 28.


(edited by Amol Awuor)

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