BY NT CORRESPONDENT.
The High court has ordered a preservation of a top-of-the range car belonging to flamboyant businessman Jared Kiasa Otieno pending investigations by Assets Recovery Agency.
High Court Anti-Corruption Division Judge Joseph Onyiego ordered the motor vehicle KCU 966C Bentley Continental GT 2019 to remain in police custody at the nearest police station possible or as the ARA may determine.
The judge also ordered the businessman who is facing fraud charges, to surrender registration documents for the luxury Bentley car to ARA for safe custody.
Otieno is facing charges before Milimani Chief Magistrate Court. He is accused of obtaining USD 3,000,000 fraudulently from Simuong Group Company limited.
“A caveat shall be placed by NTSA in respect of motor vehicle KCU 966 C (Bentley) pending further investigations subject to expiry of the preservation period”, ordered Onyiego.
The court had issued preservation order on August 26 and then rectified on September 4,2019.
“Otieno is not likely to suffer any hardship in terms of operations of business or movement. Preservation of this motor vehicle will not deprive him any reasonable living expenses”, ruled the judge.
Jared will continue using is Porsche car after the judge set aside order to preserve it.
Court said that the businessman does not deny paying some of the purchase price for the motor vehicle in question during the material time he is alleged to have obtained money by false pretences.
“He has not adduced any evidence to prove the source of the money used to buy the motor either in full or in part and did not attach any sale any sale agreement to show when the Bentley motor vehicle was bought and how payment was made either in full or part and whether the money was out of legitimate source of income “, observed the court.
The judge said there no proof or allegations that Otieno will deprived of his reasonable living expenses or suffer undue hardship and that the hardship far outweighs the risk that the property concerned may be destroyed, lost, damaged or transferred.
The agency moved to court seeking preservation orders against the businessman, his employees, agents , servants or any other from persons acting on his behalf prohibiting the sale, transfer or disposal of or dealings with his Porsche panamera 2015 model and Bentley , Continental GT 2019.
The agency told the court on or May 17, 2019 , it received information relating to the ongoing criminal investigations involving the businessman for allegedly obtaining USD 3,000,000 fraudulently from Simuong Group Company limited and he is facing various charges of obtaining money by false pretences contrary to section 313 of the penal code.
Otieno opposed the application saying prosecution in the criminal case does not intend to rely on the two motor vehicles as exhibits and does nit stop the agency from investigating on how they were obtained and seek forfeiture orders.
He added that there was no connection between the money allegedly obtained by false pretense with the money used to purchase motor vehicles.
Assets Recovery Agency(ARA) has moved to court seeking to preserve two high end vehicles belonging to flamboyant businessman Jared Kiasa Otieno.
Under certificate of urgency, the agency told the court they received information on ongoing criminal investigations involving the businessman who had fraudulently obtained Sh 300 million from Simuong Group Company Limited.Documents filed in court, the ARA urged Justice John Onyiego to issue preservation order against the businessman , his employees, agents , servants or any other persons acting on his behalf prohibiting the sale, transfer or disposal off or other dealings with motor vehicles Porsche Panamera 2015 and Bentley , Continental GT 2019.
ARA says that they suspects that two luxury motor Porsche Panamera 2015 and Bentley , Continental GT 2019 registered in the names of Jared Kiasa Otieno are reasonably been purchased from proceeds of crime.
Jared has been charged alongside 15 others with obtaining money by false pretense and the case is pending before court.
“There are no court orders currently preserving the assets in issue and there is imminent danger Jared Otieno shall dispose, transfer and dissipate the said assets unless the court issues preservation orders as prayed in the application”, says the agency in it’s court papers.