Deputy President Rigathi Gachagua could recover his Ksh 200 million that was forfeited to the state 7 months ago.
According to the Asset Recovery Agency (ARA) the money was legitimately acquired income and not proceeds of crime as had been presented in court, which led to the forfeiture decision.
Sergeant Fredrick Musyoki, a police investigator attached to ARA, states in court filings that the government agency never investigated allegations by the DCI that DP obtained the funds fraudulently from state institutions.
“ARA is satisfied that the amount is not proceeds of crime as was initially perceived and pray that the money be released to the appellant,” read the affidavit in part.
ARA informed the court that Gachagua fairly competed and won tenders advertised by multiple government institutions, and that he did not coerce the institutions into remitting irregular payments.
“The companies performed their obligation as per the terms and conditions of the contracts to the satisfaction of the institutions.”
“There were no complaints or defaults raised or issued against the said contractor during or after the execution of the contract,” the agency maintained.
Former DCI director George Kinoti was blamed for allegedly misleading the agency, which led to the report used to corner the DP.
“We relied on their (DCI) conclusion that the funds were proceeds of crime. It was on the premise that they had investigated the matter that we filed the suit to have the money forfeited to the government,” ARA said.
ARA also obtained an affidavit from DCI’s lead investigator, Kuriah Obadiah, describing how DP Gachagua was fixed.
Gachagua has been under investigation for multiple contract payments, including those by the County Government of Bungoma and Kenya Power.
The second in command was also being invested for his Ksh 32 million tender with the State Department for ASAL and Regional Development and Ksh 65 million at the Ministry of Lands.
Also Read: Why DP Gachagua is Yet To Move into The Hustler’s Mansion
