BY SAM ALFAN.
Former PS Lillian Omollo facing graft charges related to NYS II scam has pleaded with the High court to visit Uyoma, Rarieda in Siaya County to ascertain the allegation by the state that she is not a farmer.
Appearing before Justice Mumbai Ngugi, Omollo through through lawyer Stephen Ligunya urged the court to visit her multi-million shilling horticulture enterprise she runs in Siaya county.
“I pray for the court to visit the property viof the on the subject of this suit in Uyoma, Rariega District to ascertain if the farm exists as it will help the court make a just conclusion in the matter ,” said Omollo’s lawyer.
This is after documents filed in court by Assets Recovery Agency (ARA) investigator Isaac Nakitare who traveled to Siaya County last month with a colleague show that upon arrival they found that there was no farming in existence as alleged by Omollo but there exist “ a piece of land with shrubs”.
Whereas the land was still bare, with no farming activities, lawyer Ligunya maintained that part of the money frozen by the court and which subject to forfeiture to the government, was proceeds from the farm.
“The visit will give the court an opportunity to know the legitimate source of her income. The visit has an objective opinion. That is all we are asking,” added Ligunya.
However ARA through lawyer Mohammed Adow vehemently opposed the application saying Omollo was given an opportunity to explain the source of the money but her answers were not satisfactory, making the agency to conclude that they were proceeds of crime.
Omollo has since maintained that she has greenhouses, where she farms tomatoes, cucumbers, watermelons among other crops.
She said she took up serious farming five years ago and some of the deposits made in the frozen bank accounts were proceeds from the farm and not from NYs.
Adow said Omollo has not tendered any evidence through affidavit or through statements on record of the ownership or existence of the alleged farm business and shred of evidence to demonstrate that the funds in issue are from the alleged firm.
“Although it is true that the alleged farm business does not exist as explained in our in our affidavit dated May 27,2019, the issue before this court is the legitimacy of the funds in the specified accounts in which the applicant (Lilian Omollo) has failed to link to the alleged farm business”, Adow told the court.
Two investigators from ARA have informed the court that they visited the farm and only found shrubs.
Nakitare said the farming business is a disguise meant to conceal the source of the funds and “classical scheme of money laundering”.
The investigator said that there were some small tomatoes on a small sized greenhouse, which were yet to mature planted inside the green house, but not at commercial scale level.
“There is no shred of evidence to show linkages between the funds in issue and the alleged farm which our investigations established does not exist,” he said.
Omollo has fought off claims that the frozen accounts held money suspected to be proceeds of crime and stated that there is no nexus between the money and the National Youth Service, to warrant the forfeiture.
“I deny the allegations that no reasonable explanation was given showing legitimate source of funds, principally because on November 19, 2018 I duly gave and delivered to the applicant my documents and evidence showing legitimate sources of funds held in the subject bank accounts”, she said.
The agency filed the application seeking the forfeiture of about Sh35 million, held in several accounts it suspects are proceeds of crime.
The accounts frozen include six accounts at Equity Bank registered in the names of Lilian Muthoni Mbogo which had USD 67,331.9, an account in the name of LIDI Estates Ltd which had US D 28,981, another account in the same bank and the same name and which had Sh2,297,495 and another with US D 8,979.83.
Documents filed in court state that the amounts were deposited between January 2016 and March 2018. Omollo was appointed PS for Public Service, Youth and Gender Affairs on December 18, 2015.
