BY NT CORRESPONDENT.
Assets Recovery Agency has moved to court to challenge a ruling ordering the release of a luxury vehicle to businessman Jared Otieno.
Under certificate of urgency, the agency is seeking suspension of last month ruling by Justice John Onyiego to preserve two luxury vehicles, a Bentley and Porsche, belonging to the businessman.
“Pending hearing and determination of inter partes application, the court be pleased to stay execution of the ruling of Justice John Onyiego dated November 20, 2019 and rescinding and setting aside the preservation orders issued on August 26,2019 and rectified on September 4,2019 in respect to motor vehicle registration number KCD 966L”, urged the agency.
Justice Onyiego ordered preservation of a top-of-range car belong to the flamboyant businessman pending investigation by the agency.
The judge ordered motor vehicle KCU 966C Bentley continental GT 2019 to remain in police custody at the nearest police station possible or as the ATMRA may determine.
The agency wants pending hearing and determination of the intended appeal the suspension of the said order arguing that they are apprehensive, there is imminent risk Jared Otieno will execute the orders granted on the November 20, ruling.
They argued that if the said Bentley car is released to the businessman, the intended appeal and intended forfeiture application shall be rendered nugatory.
“The subject matter of the appeal being a motor vehicle Porsche KCD 966L, its release to the businessman will prejudice the agency herein as it will have no control in respect to its status , condition and its use”, adds the agency.
The agency said if the execution of the said ruling is not suspended, pending hearing and determination of the intended appeal, if successful b, will be rendered nugatory and merely an academic exercise.
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.