Suspended Youth Affairs Principal Secretary Lilian Mbogo Omollo and National Youth Service Director-General Richard Ndubai and 22 other suspects implicated in the NYS scam will spent at least one week in jail as they await a ruling on their bail application.
Anti-Corruption Chief Magistrate Douglas Ogoti said he will deliver the on June 5.
The suspects, through their lawyers, on Tuesday pleaded with the court to be freed on bond, arguing that it was their constitutional right.
The prosecution, on the other hand, wanted them kept in custody as detectives complete their investigations.
Other than Mrs Omollo and Mr Ndubai, other suspects who appeared in court were Sammy Michuki, Sophy Karimi, Rodgers Nzioka, Evan Wafula Kundu, Welenalo Mulupi, Ferdinand Matano Odonyo, Christopher Malala and Sammy Mbugua Mwangi, among others.
The businesspeople who were in court include Anne Wanjiku Wambere Ngirita, Lucy Wambui Ngirita, Phyllis Ngirita, Simon Kanai, James Katululu, and Jeremiah Ngirita among others.
According to lawyer Stephen Ligunya, for Mrs Omollo, the suspects were not a flight risk, posed no threats to witnesses and had no plans of interfering with investigations.
He said Mrs Omollo had all along cooperated with investigators and had been subject to more than 50 inquisitions including before a parliamentary committee and Ethics and Anti-corruption Commission (EACC).
He said the application by the prosecution to detain the suspects was strategic and malicious as the intention was to delay the case to the detriment of the accused.
He said Mrs Omollo was no longer at the ministry and was not in a position to influence the ongoing investigations.
“She is married and has children and it is not her intention to run away to a neighbouring country and anywhere else. She is not a risk to public order,” he said.
The court also directed the more than 10 suspects who were not in court to present themselves to the Directorate of Criminal Investigations before Thursday afternoon.
The prosecution through senior assistant director of public prosecutions Emily Kamau wanted the court the court to issue warrants of arrest against the suspects.
But defence lawyers said the suspects were not aware of the charges and some of them appeared before DCI headquarters on Tuesday morning only to be turned away.
The companies involved in the scam include Annwaw investments belonging to Anne Ngirita; Waluko investments belonging Lucy Wambui Ngirita, which allegedly received Sh59 million; Jerrycathy enterprises belonging to Jeremiah Ngirita, which allegedly received Sh72 million; Kunjiwa Enterprises belonging to Catherine Wanjiku Mwai, which is said to have received 23 million; Ameri Trade belonging to Mr Kanai and Ms Katululu, which allegedly received sh28 million.
The suspects were represented by more than 15 lawyers with some of them, including Mrs Omollo and Mr Ndubai, being represented by more than two advocates.
Mrs Omollo and Mr Ndubai appeared in 10 files and faced multiple charges of abuse of office, failure to comply with the guidelines and procedures on public finance management as well as conspiracy to commit economic crime.
Throughout the case, Ms Ngirita giggled and smiled as if she was not aware of the grave charges she was facing.
One of the suspects, Mr Sammy Mbugua Mwangi, caused a laughter in court when he refused to answer to the charges saying his name was not Sam Mbugua.
“There are so many chief accountants appearing by that name,” submitted his lawyer Mr Kirathe Wandugi.