High Court now orders Mathira Member of Parliament and preferred Kenya Kwanza’s deputy presidential candidate, Rigathi Gachagua, to surrender Sh202 million to the state after failing to explain its source.
While issuing the verdict on Thursday, July, 28, Anti-Corruption Court judge Esther Maina ruled that Gachagua admitted that he received the funds from government agencies but there was no evidence that he supplied any services or goods.
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Justice Maina stated that the funds at Rafiki Micro Finance Bank, are held in four accounts with one loaded with Sh165 million, a second account with Sh35 million, and the other holding Sh773,228.
According to justice Esther Maina, all three are registered in Gachagua’s names with a fourth account, holding Sh1,138,142 in the name of Jenne Enterprises.
“I have carefully considered the evidence on record including affidavits, annexures, and submissions by all parties and I am satisfied that the funds are liable for forfeiture to the government,” the judge said.
She said that the Assets Recovery Agency (ARA) had proved that the MP and his companies benefitted from funds yet did not deliver any goods or provided any services to the ministries or agencies, which gave tenders to him.
The court also dismissed claims by Gachagua that he put the money in fixed deposit accounts and loaned it to some of his companies to earn interest.
The funds emanate from the Ministry of Lands (Kenya Informal Settlements Programme), state department for Special Planning, Ministry of Health, Bungoma county government, Mathira constituency development funds, Nyeri county government, and National Irrigation Board.
However, in response to the court’s move, Gachagua who has been an icon in accusing state capture system, claiming to have deprieved the country’s economy, has said he will appeal for his Ksh. 202 million loss,says he wasnt accorded fair hearing.
It will be remembered that on Monday, October 26, 2020, Mathira Mp was arrested by the Director of Criminal Investigation (DCI) and faced charges on the same account of embezzlement of public funds.
His bank accounts mentioned contained Ksh. 202M and were frozen by detectives seeking to establish the source of the huge sum that passed through his accounts.
Gachagua, however, came out strongly to defend the deals, claiming that they were not fraudulent and followed due procedure.
