The High Court has dismissed an application by Phyllis Njeri Ngirita seeking access to her bank account to withdraw Ksh.700,000.
In the application, Phyllis, who is one of the suspects in the NYS scandal, had argued that orders restraining her from accessing the money have caused undue hardship to her family and paralysed the education of her children.
However, the court noted that the allegation that she can’t provide for her children is not sufficient to move the court to grant the orders in her favour.
In dismissing the case, the court ruled that matter is an abuse of court process adding that it has no merit.
“The issues raised by the petitioner are already before a competent court and there is in force an order addressing itself to the subject matter,” noted the court.
In February this year, Phyllis claimed her son who is in Class Seven and was fluent in German has been reduced to a ‘chokora’ (street kid), and can now only speak in Kikuyu, Swahili or English.
Phyllis claimed her family has been unfairly targeted in the NYS scandal trial, adding that other key suspects are walking free.
Assets worth millions of shillings belonging to the Ngiritas were frozen and seized by the State in 2018 after they were implicated in the NYS scandal.
According to the prosecution, the Ngiritas — Ann Ngirita, Phylis Njeri Ngirita, Lucy Wambui Ngirita and Jeremiah Gichina Ngirita — received more than Ksh.400 million from the NYS without supplying any goods or services.
Last year, Phyllis Njeri Ngirita filed an application in court seeking to be allowed to withdraw money, arguing that her son had school fees arrears amounting to Ksh.3.4 million.
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