BY SAM ALFAN.
Former Public Service PS Lillian Omollo has lost bid to set aside orders freezing her accounts for 90 days to allow Assets Recovery Agency to complete investigations.
Anti-Corruption Presiding Judge Hedwig Ongund’i declined to set orders issued on 7th of September this year allowing the Assets Recovery Agency 90 days to conduct investigations.
“Giving the ARA up to 29th October 2018 5:00 to complete and close its investigations in respect of all accounts stated in ACEC Miscellaneous application No’s 34/2018 and 36 2018.Orders accordingly”. Ruled Ong’undi.
The judge found that ARA had sufficient time to carry out its investigations.
The accounts in question are for Lilian Wanna Muthoni Mbogo, Sahara Consultants, Sheela W Mbogo, Stephanie Marigu Mbogo and Shalom Malaika Kamweti.
ARA filed application in court seeking to investigate , preserve and freeze several accounts of Lilian Omollo and her company Sahara Consultants at Diamond Trust Bank and Equity Bank for a period of 90 days.
The agency through senior assistant attorney general Adow Mohammed told the court that ARA officers have the mandate to carry out forensic and financial investigations.
He further told the court that, the two cases at hand fall under that category and court cannot bar the agency from investigating the accounts as long as there are reasons to carry out out investigations.
He further told the court that, Lilian Muthoni Mbogo was involved in the operation of all the accounts under investigations and it was not disputed that the Lilian was facing various criminal charges before the Anti-Corruption Court in Nairobi.
Lilian in her part argued that there was no basis for the issuance of the said orders and that the court failed to comply with the right of fair hearing under Article 50.
Through lawyer Ligunya, she claimed that the accounts in the DTB Bank had been in existence since the other applicants were 11 years old and ARA did not furnish the court with any compelling grounds or proof to raise reasonable suspicion with respect to fraudulent transactions related to the accounts in question.
Ligunya said accounts in the DTB were frozen on 28th of August this and they belong to Lilian children and business and nothing to support the issue of deposits of Kshs. 900,000 on each accounts.
