The Directorate of Criminal Investigations wants the bank account of a member of the Ngirita family to remain frozen as it digs deep to the National Youth Service(NYS) fraud.
The DCI still believes that opening of the accounts belonging to one Phyllis Njeri Ngirita will lead to distortion of evidence since the holder is a suspect in the Sh455.2 million theft.
Ms Ngirita filed an application seeking to be given access to her bank account to pay school fees for her son.
However, Chief Inspector Paul Waweru turned down the request on Monday, saying Ms Ngirita did not have substantial reasons to support her plea.
Mr Waweru further said that the offences attached to Ms Ngirita involve theft of public funds.
Mr Paul Waweru who is a member of the Financial Investigations Unit, through a reply filed before Justice Mumbi Ngugi said investigators of the multimillion NYS scandal made several requests to freeze bank accounts belonging to Ms Ngirita and the other accused as the money therein includes proceeds of crime.
The officer added that the Assets Recovery Agency(ARA) has already forfeited vehicles that the accused is believed to have acquired through the fraudulent proceeds.
“The Sh700,000 was obtained by the applicant through a loan from Opportunity International Wedco Limited and is related to proceeds of crime,” Mr Waweru told the court.
He also stated that the Toyota Station Wagon car used as a security for the loan is also being probed into by the investigators.
Ms Ngirita’s bank account was frozen following a court order by High Court Judge John Onyiego.
Inspector Waweru further noted that Ngirita’s plea could have been filed before Justice Onyiego who made orders for the freezing of the account.
“The application amounts to abuse of court process as the court has already pronounced itself on this. The applicant should have made the application before Justice Onyiego, who froze the account,” Inspector Waweru said.
“MY ONLY MONEY”
Ms Ngirita filed the application saying she was unable to pay school fees for her Standard Seven Son at Pembroke House School in Gilgil.
She said that since the accounts were frozen, her son has been at home due to arrears amounting to Sh3.4 million.
Ngirita claimed that the Sh800,000 in her account is the only money she has and she acquired it lawfully through a loan.
Her lawyer Mr Evans Ondieki claimed that the DCI, ARA and ODDP have mixed up their constitutional roles and failed to administer justice to his client.
Mr Ondieki said he was unable to respond to the DCI on time since he was served late.
Ms Ngirita’s application will be heard on Tuesday, March 3.