The Asset Recovery Agency has dismissed allegations by Mathira MP Rigathi Gachagua that the case they filed against him is a political witch hunt.
“We submit that the issue before this court is the legitimacy of the funds and whether the same can be forfeited to the state, the issue is not about political inclination or association,” the agency submitted.
ARA is seeking to have Sh 200 million belonging to the MP on grounds that the money was obtained through proceeds of crime.
However, the MP argues that the monies are loans that he invested and not proceeds of crime.
However, ARA told the court that the millions the MP claims to be “loans” are just a decoy of money laundering to mislead the court.
“The funds in issue were “loans” borrowed from each other or guaranteed are illogical and not supported by any evidence, submitted the agency.
The court heard that the allegations by Gachagua that they transferred funds from the canduit companies to their account to trade with or hold in trust is frivolous because the companies are legal entities that can enter into agreement with other entities including the shareholders or directors and there is no such existence of such agreements between him, Anne Kimemia/Jenne Enterprises ltd and companies.
The agency also dismissed attempted justification by Anne Kimemia/Jenne Enterprises ltd of funds in her account claiming it has no merit since there is no linkage between her explanation and the funds in issue adding that her business entity and account was used as a canduit of money laundering by Gachagua.
According to the agency, one Benjamin Kuria Wangai has no locus standi in the matter since there was no board resolution authorizing him to depone and file his purported affidavit dated 26th January 2021 on behalf of the Bank.
“This cannot be done by a party who is a stranger in the matter without first admitted into the matter or introduced as a relevant party in the matter”.
