BY SAM ALFAN.
Asset Recovery Agency has told High Court Anti-corruption court that they are still investigating what was stolen from National Youth Services to recover it.
We have identified specific suspect accounts and which we have asked Lilian Omollo but she did not give satisfactory explanations as to how she acquired the funds in the suspect accounts.
The agency through Senior Assistant state counsel Adow Mohammed said despite the former government official being given an opportunity to explain her source of money in the questionable accounts, her explanation was not satisfactory.
Adow further told the court that the former PS never tabled any evidence that the said funds or deposits were from her salary or from where she was working before joining public service.
Through her lawyer Stephen Ligunya, the former PS said part of the money frozen were her salary before she joined public service and her salary while serving as a PS.
Asset Recovery Agency filed a petition before High Court Anti-Corruption division seeking forfeiture of millions held in the accounts of the former PS and her three children.
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.
opposes plans by Assets Recovery Agency seeking to have millions of shillings belonging to her forfeited to the state.
In response to application of forfeiture, Omollo said the move is premature and fatally defective.
She further said the application is misconceived because there is no evidence to support the allegations that the subject bank accounts contain proceeds of crime. She added she will present clear, cogent and irrefutable evidence showing her legitimate and lawful source of the funds held at the said bank accounts.
The amounts include 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 Market in the names of Lillian Mbogo, Sahara Consultant , Lidi Holdings Limited , Lidi Estates as well as her three daughters forfeited to the government.
“I deny the agency 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”, say the PS in court documents.
The PS further say that the conclusion by the ARA that the funds held in the said back accounts were stolen from the NYS is incorrect, irrational, unreasonable and malicious for deliberately ignoring her clear evidence in their possession.
