BY SAM ALFAN.
Asset Recovery Agency (ARA) has taken an about-turn over the Sh200 million seized from Deputy President Rigathi Gachagua last year and now claims the funds were earned legimately.
The agency says through Chief Inspector Fredrick Musyoki that the funds should be released to Gachagua because it is satisfied that the Sh200 million are not proceeds of crime as earlier perceived.
ARA says it learnt that the Director of Public Prosecution Noordin Haji had withdrawn the charges against Gachagua on the basis that investigations had not been exhausted and there wasn’t enough evidence to sustain the criminal trial.
According to ARA, they had relied on the investigations carried out by the Directorate of Criminal Investigations who investigated the matter.
“We relied on their conclusion that the funds in dispute were proceeds of crime and in that assumption, we proceeded to file and application for preservation and subsequently forfeiture of the funds in dispute which lead to the judgement forfeit the money to the government,” says CI Musyoki.
He adds that the same evidence was relied by both DCI and ARA and upon withdrawal of criminal charges by the DPP, the agency conducted its own investigations and found the source of money was legitimate.
According to the affidavit filed in court by ARA, there was no complaint by Bungoma County Government regarding the performance of the contractor which the county government paid Sh35 million on 13th June, 2015 to Encarter Diagnostic ltd for the said contract.
ARA adds that the Principal Secretary for state department for lands and physical planning through a letter dated 22rd November 2022 confirmed the ministry contracted specific supplies ltd to supply flatbed scanners and stations and were approved by the accounting officer in dated 22nd April,2014 and were paid Sh52,240,000.00 and Sh12.75 million.
Further, the Chief Executive Officer Kenya Power & Lightning confirmed that Wamunyoro Investment was awarded contract for graveling of Nairobi West Office Yard and surface water drainage.
The works, he said, was executed between September 2012 to March 2013 and Sh9,964,516.00 was paid on 19th March 2014.The second payment was of Sh498,225.80.
Musyoki also said KENTTEC CEO confirmed that it had contracted specific supplies ltd which was confirmed by the PS state department ASALs and Regional Development for construction of primary sewer and Electro- mechanical works by Triple Eight construction(k) invited in 2012 an initial payment of Sh30,893,756.00 and was made as provided for on the contract and the contractor’s interim certificate of Sh32,1812,850.00 submitted on 6th of June ,2013 and was duly paid on 26th October 2016.
