BY SAM ALFAN.
High court has advised former PS Lilian Omollo Mbogo to adjust her lifestyle to fit into her current financial status.
This is after it allowed her to withdraw Sh 2 million from her frozen accounts held at Diamond Trust Bank Capital Centre branch to help meet her living expenses.
Justice Hedwig Ong’undi further directed that the rest of the money to remain frozen pending determination of the case.
The judge found that not all Omollo’s accounts have been frozen by Assets Recovery Agency (ARA) and there is a room for her to adjust her lifestyle to fit into her current financial status.
At the same time the Judge declined to allow Lilian to file similar applications in future.
“The farm the applicant (Lilian) owns can be productive enough to assist her as she has funds to operate it,” ruled the judge.
Ong’undi said the interest of the state and Omolo must be taken care of by the court as it considers the application.
However, the judge said that there is a high public interest in the money subject of criminal cases facing her which cannot just be washed away.
The orders were granted after Omollo petitioned the court in January this year to release to her Sh2.26 million monthly from her frozen accounts, arguing she cannot meet her family food, housing and school needs and the maintenance of her three motor vehicles.
This is after late last year the court froze 10 accounts in equity and Diamond trust bank with Sh 33.1 million belonging the former PS and her children on suspicion they were used as conduits for millions of shillings stolen at the National Youth Service.
Assets Recovery Agency has filed an application 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.
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.
Omollo’s seven bank accounts had Sh 20.6 million while that of her children Sheela Mbogo, Stephanie Mbogo and Shalom Kamwetu had Sh12.5 million.
The Assets Recovery Agency had revealed to the court that millions of shillings, including a cash deposit of Sh 20 million on April 20, were wired to the accounts registered to Sheela, Stephanie and Shalom.
It is said that the said deposits were made in a period when more than Sh1 billion was stolen from the NYS through fictitious invoices for goods such as firewood and stationery and multiple payments on one supplier invoice.
Omollo, through lawyer Stephen Ligunya, wants the court to vary the freeze orders and allow her withdraw Sh6.8 million quarterly for basic needs.
But Assets Recovery Agency had opposed to the application saying the same has no merit and is misconceived.
“Allowing her to access the funds will end up the case useless, she has other means, we pray that you dismiss the application, “said the agency through lawyer Mohammed Adow.
he agency in their court papers, claims that investigations have revealed that the funds in issue were acquired through unlawful activities and are part of the funds embezzled from the National Youth Service.
“The Agency did not preserve a total of 9,805,426.82 shillings held in two accounts hence the assertion that the applicants are subjected to undue hardships , sufferings and unable to pay their expenses due to the court is not true,” claims Adow
“Omollo has not satisfactory explained how she acquired the funds in issue. She has not reasonably mentioned anything about the acquisition of funds in issue,” reads the papers.
The agency further says Omollo besides stating she was not involved in the NYS scandals she has not satisfactorily explained how she acquired the funds in issue.
“She may claim it’s her property but how did she acquire the same? She has not reasonably mentioned anything about the acquisition of funds in issue,” said the agency.
According to the agency the former PS earns a salary of 340,000 shillings which they it’s enough to sustain her bills.
The court was told that Omollo has a farm which generates money adding that she has means to cater for her mortgage and other bills.
