BY SAM ALFAN.
Former top managers of Information and Communication Technology Authority (ICTA) have lost millions of money believed to be proceeds of crime obtained illegally from the employer.
This is after high court Anti-Corruption Court ordered money held in different accounts belonging to charged former ICTA directors to be forfeited back to the goverment.
Justice Onyiego ordered that shillings 4,828,114.80 million held at Equity Bank, shillings 384,402 held at standard chattered Bank and shillings 32,392.50 held at Equity bank belonging to former ICTA accountant Peter Mukangi Mwangi be forfeited to the state.
The court also ordered shillings 289,544.62 held in a bank account at Cooperative Bank upper hill branch and shilling 190,861 held at Family Bank city hall branch belonging to Daniel Stephen Ouma former acting manager to be forfeited to the government.
The court further ordered forfeiture of shillings 763,294.49 held in a bank account belonging former cashier Anthony Nyaga Mwagi to the state.
The court ordered the forfeiture to the government to be transferred in cash to the criminal Assets Recovery fraud.
The court forfeited the cash to the state after considering evidence presented before it by the Asset recovery agency which was not challenged.
“I am satisfied that the applicant has proven its case on a balance of probability and judgement entered in favour with orders declaring that the amounts listed herein against the respective bank accounts be and is hereby declared as proceeds of crime and liable to forfeiture to the state. ” Ordered the court.
The court noted that the fact that unlawful acquired proceeds or lawfully received amount of money but unlawfully spent with genuine money like salary does not cleanse the illicit money and it was clear there were monies credited to their accounts from ICTA which is not denied nor any explanation given on how that money was spent.
Court ruled that allegations by former ICTA officials that they are innocent until proven guilty does not discharge their responsibility to account for the money received from employer’s accounts.
“The claim by Felix Ongaga, Daniel Ouma, Peter Mwangi and Anthony Nyaga that monies in their accounts was out of their salary or proceeds of legitimate sources from business alone is not substantiated. ” Court ruled.
August 1, 2018, High Court stopped former top directors of Information and Communication Technology Authority (ICTA) from transferring 6.4 million from their bank accounts.
The then High Court Anti-Corruption Presiding Justice Hedwig Ong’undi barred former Director of Corporate Services Felix Obonsi Ongaga, former acting finance manager Daniel Stephen Ouma , former accountant Peter Mukangu Mwangi and cashier Anthony Nyaga Mwangi from transferring Kshs. 384,402.10 from his account at Standard Chartered bank Kenyatta Avenue in the name of Felix Obonsi Ongaga, Kshs. 289,544.62 account that belong to Daniel Stephen Ouma at Co-operative Bank upper Hill branch and Kshs. 190.861.22 in his account at Family Bank, two account for Peter Mukangu Mwangi Kshs. 4,828,241,60 held at equity bank and Kshs. 32,392,51 and Kshs. 763,294,49 for Anthony Nyaga Mwangi from Equity mama Ngina branch.
This after the Assets Recovery Agency filed a certificate of urgency seeking to block the four from transferring the amount in question from their accounts pending a joint investigations by the Agency and Director of Criminal Investigation.
According to affidavit by the investigating officer Isaac Nakitare, the investigation were lodged after after ICTA acting Chief Executive Officer Robert Kariuki Mugo suspect the fraud and theft of Kshs. 74,281,498,10 from ICTA bank accounts by the four employees
.
The said fraud from ICTA bank accounts is said to have started in the year 2016 where there was suspicious transactions of total of Kshs. 29,040,011 from ICTA Bank account.
Investigations has established that between 24 January to 6 of July, 2017, Felix Obonsi Ongaga and Daniel Stephen Ouma unlawfully authorized payments of 155.838,193,00 million from ICTA bank at Citi Bank funds which were withdrawn by Peter Mukangu Mwangi and Anthony Nyaga Mwangi and some of the funds were transferred to the respondents bank accounts.
The said investigations traced funds amounting to 6.4 million held in various bank accounts in the names of the four which were stolen from ICTA.
