Trial Magistrate Lucas Onyina is set to rule on whether National Youth Service (NYS) cluster III involving theft of Ksh.167million will continue without two accused persons who are on the run.
The case was expected to kick off on Monday but the prosecution told the court that the two were yet to present themselves in court to take plea despite numerous arrest warrants issued against them.
They are representatives of Katululu Ameritrade Limited and T/A Kunjiwa enterprises.
The prosecution asked the court to allow them to proceed without them adding that they have switched off their mobile phones.
The application was however opposed by the defence lawyers and asked the court to dismiss the application to have the case proceed without the accused.
The defence led by lawyer Stephen Ligunya submitted that the prosecution have several options among them withdrawing the charges facing the accused persons and all other related charges to enable them proceed with the hearing.
“Without evidence of actual service or actual execution of warrants one can’t agree that their conduct comes within article 50 of the constitution, Let the charges against the accused persons be dropped,” court heard.
It is alleged that former PS Lillian Omollo, Richard Ndubai and others between April 2016 and May 13, 2017 conspired to commit an offence of corruption namely to defraud the NYS under the State department of Public Service and Youth of Ksh.167,535,700.
The trial of the first batch of suspects kicked off in October 2018.