Five family members accused of defrauding the National Youth Service now allege that the court used illegal documents to deny them bail.
The family members, Lucy Wambui Ngirita, Jeremiah Gichiri, Catherine Mwai, Phylis Njeri Ngirita and Anne Wambere want action taken against Mike Muia, the investigating officer for signing the affidavit to deny them bail when he was not authorised by the Ethics and Anti-Corruption Commission.
“Most shocking is that the magistrate relied entirely on the affidavit of Chief Inspector Muia, who is not and has never been mandated by EACC to be an investigating officer of economic crimes. The officer actually committed a crime by misleading the court,” said their lawyer Luis Wahome.
The five have made an application to be released on bail after the court denied their earlier request.
The five joined Youth and Gender Affairs PS Lillian Mbogo-Omollo, NYS Director General Richard Ndubai and 40 other suspects in seeking release from remand prison.
Wahome said the five had been engaging in clean business with NYS and detaining them would make it impossible for them to retrieve details of their businesses and bank accounts to prove they never received money for goods not supplied.
The lawyer added that it was against the law for the Directorate of Criminal Investigations to freeze their accounts since they had no power under the Anti-Corruption and Economic Crimes Act.
The five and other suspects are charged wih defrauding NYS over Sh400 million.