NYS scam mastermind Ben Gethi who his mother Charity Wangui is objecting the forfeiture of her alleged property bought using Sh791 million NYS scandal money.
BY SAM ALFAN.
The Assets Recovery Agency has asked the court to attach assets allegedly bought with proceeds from Sh791 million NYS scandal money.
In documents filed at the High Court, the agency’s director Ms Muthoni Kimani states that “there are justifiable grounds for the properties and assets procured either directly or indirectly using proceeds of crime to be liable to civil forfeiture.”
The file has also been moved to the newly established Anti-corruption and Economic Crimes Division of the high court.
Among the assets set to be recovered are those of alleged NYS scam mastermind Ben Gethi’s mother, Charity Wangui and two others who are fiercely objecting the forfeiture of a plot in Muthaiga North, Nairobi, Thika town, Rosslyn Estate in Nairobi, business known as Eden Times restaurant situated on the ground floor of Mercury Building along Moi avenue, Nairobi and a luxurious range rover sport registration number KCB 750 Z.
The case was initially set for hearing and determination before Justice Joseph Sergon but the respondents made a proposal that it be moved to the new division that was created to deal with all corruption matters.
In the proceedings, Ms Kimani says that the agency request is premised on investigations into allegations of the theft and fraud of funds amounting to Sh791, 385,000 from the ministry of devolution.
She said that the inquiry revealed massive fraud and embezzlement of public funds perpetuated by public officials and private person some of whom have been charge for various offences before the trail court.
The Agency boss says the team conducting investigations established that there were fraudulently obtained from NYS and transferred from the central bank through the government pay system (G-Pay) to several bank accounts belonging to business entities owned by one Joseph Kabura Irungu at the Family bank and transferred to various bank accounts within the said bank and others used to procure the properties in question.
Ms Muthoni states that a preservation order was already gazetted on the December 11 2015 vide Gazette Notice number 9197.
“The agency notified other law enforcement agencies for the financial investigations and requested for mutual cooperation in sharing information on the responds,” Ms Muthoni states.
She said that the proceeds of crime should be forfeited to the government and should be applied for public good and on behalf of the citizens of Kenya who are the victims of crime.
Justice Sergon directed that the matter be placed before the presiding judge of the new division on June 15 for further directions.
