She claimed that she operate a joint farming with her husband Dick Aching Oneko in Siaya County.
BY SAM ALFAN.
Assets Recovery Agency has moved to court seeking to have millions of shillings belonging to former Youth Affairs PS Lilian Mbogo Omollo forfeited to the state.
The money is held in several accounts in her name, companies where she a director while other accounts belong yo her three children.
ARA said in the petition that they suspect the monies are proceeds of crime and therefore liable for forfeiture to the state.
Through senior state counsel Mohamed Adow, the agency want the court to declare total of USD 105,293,7 and Kshs. 22,445,74 million held ten accounts in equity Bank Limited , community branch Nairobi and Diamond Trust Bank Limited , Capital centre and village Markert in the names of Lillian Mbogo, Sahara Consultant , Lidi Holdings Limited , Lidi Estates as well as her three daughters forfeited to the government.
The agency also wants USD 28,981,97 , Kshs 2,297,495,00, 257,220 and USD 8,979.83 held at equity bank in the name of Lidi Estates Limited forfeited to the state saying they monies are proceeds of crime.
All the amounts claimed by the agency are more than Sh32 million.
Omollo is currently facing charges or abuse of office, conspiracy to defraud and money laundering among other charges.
Lidi Holding Limited is company which Omollo and her husband Dick Achieng Oneko are directors and the company is the holder of two account at Equity Bank holding funds amounting to USD 8,979.83 and Kshs 257,220.
“This court be pleased to issue an order that the above funds be forfeited to the government and transfered to Assets Recovery Agency,” Adow urged the court.
The agency also wants the court to make any other orders it considers appropriate to facilitate the transfer of the property forfeited to the government.
In a supporting affidavit SSGT Fredrick Musyoki an investigating officer attached to the Agency told the court that the agency commenced investigations to recover proceeds of crime after the former PS and other suspects were arrested and charged on 29 of May this year.
He said investigation by Directorate of Criminal Investigations into the theft and fraud of public funds amounting to Kshs 467,896,993 from National Youth Service which revealed massive fraud and embezzlement of public funds perpetuated by public officials and private people who are facing charges before Nairobi Ant-corruption Chief Magistrate Court.
He also added that financial investigations by DCI revealed massive scheme of embezzlement of public funds, fraud and money laundering rendering the above funds proceeds of crime.
Investigation further established that funds were stolen and fraudulently transferred from NYS to various suppliers bank accounts who fictitiously supplied goods and services that were not rendered to the NYS.
Musyoki told the court on the 26 of April this year , the agency received information that there were funds held at Equity Bank , community branch the funds which were suspected to be proceeds of crime.
According to the investigating officer, Omollo said the money was given to her by her husband who is a co-director in the companies.
She further claimed that she operate a joint farming with her husband Dick Aching Oneko in Siaya County.
“Lilian did not produce any prove of existence of farm business such as trade permits, tax returns, tax complaince certificate, capital gain certificate , electronic tax register (ETR) evidence , vendor/purchase invoices or anything to support the said farming business,” said investigating office attached to the agency.
Surprisingly according to the court documents, despite the said farm produce sold in Siaya, the money was deposited in Nairobi instead of the nearest Bank.
Oneko also claimed source were earnings from a consultancy firm known as Nile International where he offered consultancy services in South Sudan.
Oneko said he used to be paid in cash but did not sign anywhere to confirm receipt. He also brought the said money in the country without declaring the same at the point of the entry, against the law.
The Agency said he did not produce evidence to prove the existence of such consultancy services and who engaged him on the said constantly.
Investigations established that there was reasonable grounds to believe that the cash is part of the funds stolen from NYS. Investigations further revealed that Omollo opened and operates bank accounts on behalf of her companies , business entities in the name and on behalf of her children.
The said bank accounts received suspicious huge cash deposits in US dollars and Kenya shillings which is suspected to be funds stolen from NYS and it is ARA’s assertion that they have not given any reasonable explanation to prove any legitimate source the funds
