Deputy President Rigathi Gachagua is on the verge of getting his Sh200 million which was frozen by the court after the Asset Recovery Agency disowned evidence by the Directorate of Criminal Investigations (DCI), which was used to forfeit his money to the state.
ARA which froze the money which was obtained through government tenders by the DP’s companies has made an about turn and now says that the cash was legitimately acquired.
Gachagua got the money through business dealings with government institutions and the Bungoma government between 2011 and 2016. Four companies; Specific Supplies Limited, Triple Eight Construction (K), Wamunyoro Investment and Encarter Diagnostic Limited executed government contracts and wired the money to his accounts at Rafiki Microfinance Bank.
ARA which froze Gachagua’s accounts seven months ago now says the tenders awarded to the DP’s companies were not fraudulent and that the DCI arrested him without carrying out complete investigations.
“There were no complaints or defaults raised or issued against the said contractor during or after the execution of the contract,” ARA has said in an affidavit filed at the court of appeal through sergeant Francis Musyoki.
“The evidence obtained has satisfactorily explained the source and legitimacy of the funds at issue and the ARA is satisfied that the same is not proceeds of crime as was initially perceived and should be released to Mr Gachagua and Anne Kimemia,” said ARA.
The investigative agency which claims it has done its own investigations has fingered the DCI for relying on inconclusive evidence to nail Gachagua and arresting him in order to settle political scores. Just last month Gachagua also scored a big win after the courts withdrew another Sh7 billion fraud case against him.
This is after the Director of Public Prosecutions Noordin Haji applied to withdraw the charges under section 87A of the criminal procedure code saying investigations into the matter were not complete.
The investigating officer Obadiah Kuria told anti-corruption court magistrate Victor Wakumile that there are some areas in the case that were not adequately covered because he was not given sufficient time to complete the probe.
