Rigathi Gachagua, the UDA presidential running mate, has dismissed calls from Azimio presidential candidate Raila Odinga to withdraw from the race.
During an interview on Monday, the Mathira MP stated that he is not a convict and will not resign.
“I have no conviction. I think Raila has lost his senses. Who has been convicted? I have not been convicted of any offence,” he told the Star.
“The constitution is very clear, for you to be barred, you must have been convicted for six months and exhausted all mechanisms of appeal. I have not been convicted.”
He stated that the case before the courts was a civil one between him and the Assets Recovery Agency (ARA), not a criminal one.
Gachagua also stated that he has filed an appeal against the ruling.
Raila said in Machakos on Friday that Gachagua should resign as a result of a court order directing him to hand over Sh200 million to the state.
“Under Section 6 of the Constitution, you cannot contest for presidency or be a presidential running mate if you have been indicted of a crime,” he said.
“That means Ruto has no running mate because his running mate has been found guilty of one of the most serious economic crimes in the country.”
Raila acknowledged the MP’s decision to appeal, but stated that Gachagua must still step aside pending the decision of the Appellate Court.
“Before he appeals, he is guilty as charged so let him withdraw.”
Gachagua was ordered to forfeit the money after he failed to show any legitimate sources of funds.
ARA had sought the cash’s surrender, claiming it was the proceeds of crime.
It rejected Gachagua’s claims that the Sh200 million came from a seven-year-old tender.
“The allegation that the duo are doing legitimate business and the funds in issue are obtained from legitimate businesses is incorrect, deceitful and a ploy to disguise, conceal and hide the source of the said funds. It’s a classical scheme of money laundering.”