BY SAM ALFAN.
A state agency has told the High Court that there is no evidence to support claims by a businessman facing over billions stolen from National Youth Service (NYS) made supplies government departments.
In a petition seeking to forfeit Sh4.3 million to the state, belonging to businessman James Nderitu Thuita, Assets Recovery Agency says there is no evidence that the trader made the supplies as alleged.
The agency says the funds, held in three bank accounts are suspected to have been part of Sh467 million stolen from the NYS in 2017.
The accounts — two at Standard Chartered and Equity Banks — are registered in the names of Active Electrons Africa Ltd, Firstling Supplies, and Ameritrade Ltd, all linked to businessman Nderitu.
The trader is alleged to have received more than Sh1.6 billion from NYS for supplies allegedly made to the agency.
This is the second petition by ARA seeking forfeiture of Mr Nderitu’s funds after a similar case saw the businessman lose Sh35 million, after the High Court ruled that the money was unexplained wealth.
In the new petition, the agency says the funds are suspected to be proceeds of crime because the supporting are not dated, signed and do not have official stamps of the NYS.
The agency investigator Issac Nakitare says in a replying affidavit that an illustration produced in court Active Electrons Africa Ltd and First Suppliers have not reasonably demonstrated they were genuinely paid for goods and services supplied to or rendered to the NYS.
“From the above illustrations the alleged goods and services supplied or rendered by Active Electrons Africa Ltd and First Suppliers are allegedly to rendered to other Government entities and there is no linkages between the same and the funds in issue,” said the agency.
“Active Electrons African ltd and First Suppliers replying affidavit and the annexures thereto are irrelevant in this matter since the alleged contracts and the alleged goods or services supplied or rendered were not made to the National Youth Service”, added ARA.
The agency further reiterated that there is no evidence rendered by the companies to demonstrate that they supplied the alleged goods as per the alleged contract to the NYS and they have not produced any reliable evidence to demonstrate that the supplies were made.
According to the agency the reliability of the alleged Local Purchase Order is questionable since the same has no tender or quotation reference number, not acknowledged, signed, dated, filled by the National Youth Service and does not bear official stamp or indication of any sort from Service.
“The issue before this court is the legitimacy of the funds in issue which burden the Respondents have not satisfactorily discharged and they have not demonstrated any evidence to show they supplied any goods or rendered services to the National Youth Services”, ARA added.
The agency termed some paragraphs of the two respondents is an afterthought and an attempt to undermine the earlier Judgment of this Honourable Court since the question whether the Respondents supplied any goods or rendered services to the NYS is already determined and settled in Assets Recovery Agency v James Thuita Nderitu & 6 Others where the court made a decision that Firstlings Supplies Ltd and other Respondents had obtained money from the NYS fraudulently and funds in their possession was forfeited to the State.
ARA dismissed replying affidavit by Active Electrons Africa ltd and First Suppliers saying there is no reasonable explanation that has been tendered by the Respondents why the money should not be forfeited to state and the claim that the money was for goods and services rendered to the NYS is not genuinely supported by the facts and the law.
