Members of the Ngirita family suspected to be involved in the NYS scandal may continue remaining in custody despite the court having granted their bail plea.
According to lawyer Cliff Ombeta who is representing them in court, the bail terms outlined by the court may prove tough for his clients to raise.
Speaking shortly after the ruling Ombeta noted: “Looking at the Ngiritas, I have four of them who are siblings plus one who is a wife so that brings them to five and each has to bring a surety of Ksh2 million.”
“They also got to pay a cash bail of Ksh1 million that is another Ksh 5 million. They also have to deposit their passports and also report to DCI,” the lawyer added.
In his view, the conditions set out by the court are not easy to meet: “In case you abscond, you have to pay to the courts or the State a Ksh5 million” he explained.
Ombeta concluded that as the legal team, they were waiting for further instructions from the clients on the course of action.
Making the ruling, High Court Judge Hedwig Ong’udi set out five demands that the suspects need to adhere to following their release.
The suspects were ordered to deposit their Kenyan passports or any other travel documents with the court and report at DCI offices once a week.
Additionally, Justice Ong’udi warned them against making contact with any of the witnesses or staff to be used by the prosecution.
The judge also barred them against going back to their former offices unless they are accompanied by a police officer.
Justice Ong’udi further ordered that the suspects should not leave the jurisdiction of the Nairobi Chief Anti-Corruption court without the court’s approval, and were ordered to always appear in all mentions and case proceedings whenever called upon.
The Judge noted: “…the court could not evaluate the strength of the defence case and therefore to deny the suspects bail would have been prejudicial as it would also be denying them their right or a fair trial as is stated in the Constitution.”
“The defence team also failed to show how the suspects could be a threat to national security hence I am obliged by law to grant them bail,” she added.