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BY NAMULONGO PETER,NAIROBI,15TH MAY 2019-The Director of public prosecution Noordin Haji has opposed a from suspects in National Youth Service (NYS) multimillion shilling scandal to have them tried by a bench of three magistrates .
Haji holds that the application by 53 of them including former PS Lilian Omollo and NYS Director General Richard Ndubai is an abuse of the court process.
He Further says the High Court which is being asked to empanel the bench lacks the jurisdiction to do so.
In his submission, The DPP informed Justice John Onyiego that the petition does not meet the threshold for formation of a bench because they have not demonstrated that their prosecution is an infringement to their fundamental rights.
The suspects who the three NYS related cases which is being heard separately handled a single bench of three judges claim that there is improper and deliberate influence of prosecution witnesses through collusion and coaching to incriminate the suspects in all the cases.
However Haji defends his position saying that issues of framing of charges, consolidation, substitution and amalgamating of charges together with modalities of trial were determined last August when they were first arraigned.
Haji, states that the court had given guidelines and instructions on how the cases will be managed handled to ensure a fair and quick resolve.