The Asset Recovery Agency has said the Sh200 million belonging to the Deputy President Rigathi Gachagua should be released since it is not proceeds of crime.
Chief Inspector Fredrick Musyoki said in his affidavit that the agency has established that the money is not proceeds of crime should be released to the Deputy President and Anne Kimemia T/A Jenne Enterprises Limited.
According to Musyoki, ARA had relied on the investigations carried out by the Directorate of Criminal Investigations who had investigated the matter but they found new evidence contradicting the same.
He added that the Agency learnt that the Director of Public Prosecution had withdrawn the charges against Gachagua on the basis that investigations had not been exhausted and there was not enough evidence to sustain the criminal trial.
“The same evidence was relied on by both DCI and Asset Recovery Agency and upon withdrawal of criminal charges by the DPP, the agency conducted its own investigations and found the source of the 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 Sh 35 million on 13th June 2015 to Encarter Diagnostic Limited for the said contract.