Africa-Press – Kenya. The Asset Recovery Agency has obtained new evidence to prove that DP Rigathi Gachagua’s Sh200 million forfeited to the state belongs to him. ARA now says the money is not proceeds of crime and wants the same released to the owner.
Justice Esther Maina had on July 28, 2022, found the money to be proceeds of crime. The Agency has now taken an about-turn and asked the Court of Appeal to allow an application by the DP that seeks to reverse Justice Maina’s decision.
The Agency claims the evidence they currently have ‘satisfactorily explains the source and legitimacy of the funds in issue and it is satisfied that the same is not proceeds of crime as was initially perceived.’
Its plea is to now have the money released to Gachagua on grounds that at the time Justice Maina made her finding, the new evidence in their possession was not placed before the court to make a sound determination.
ARA says on November 14, 2022, it conducted investigations on its own motion and sought information from five entities which Gachagau claimed to have obtained the funds in dispute from.
The entities are Kenya Tsetse and Trypanosomiasis Eradication Council (KENTEC previously known as PATTEC), the State Department for ASALs and regional development, the Kenya Power and Lightning Company, the State Department for Lands and Physical Planning and the county government of Bungoma.
The entities were asked to confirm whether the contracted companies associated with the DP provided various services and whether they received value for money.
The entities subsequently confirmed the contracts were done above board and that there were no complaints or defaults raised or issued against the contractor.
It’s on that basis that the Agency has supported Gachagua’s appeal and wants the money declared as ‘proceeds of crime’ to be released to him. At the time the High Court forfeited the Sh200 million, Gachagua said the monies came from loans and government tenders.
He also said that he was being persecuted for being a close ally of then Deputy President William Ruto. But Justice Maina in her finding said no evidence was produced to substantiate the claims.
“There was nothing to show he performed any contract. He only produced a letter dated February 9, 2015, from a ministry indicating Wamunyoro had been awarded a tender. He was required to execute a contract. Nothing to show tender was executed,” the judge said.
Gachagua’s three accounts at Micro-Finance Bank were holding Sh165 million, Sh35 million and Sh773,228. A fourth bank account in the name of Jenne Enterprises held Sh1,138,142. Ann Kimemia who trades as Jenne Enterprises is Gachagua’s business associate.
During the pendency of the case, the Agency told the court that in March 2020 they received information on a suspected case of money laundering involving public funds from different national government ministries including the Ministry of Land (Kenya Informal Settlements Programme), State Department for Special Planning, Ministry of Health, the National Irrigation Board, Mathira Constituency Development Fund, and several county governments including the county governments of Bungoma, Nyeri and Kwale.
Gachagua, being dissatisfied with the decision, filed an appeal at the appellate court on August 3 seeking to have it dismissed. He said the decision of the court was “biased and an attempt to undermine his candidature.”
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