Following new evidence obtained by the Asset Recovery Agency, Deputy President Rigathi Gachagua may be able to reclaim the Ksh202 million confiscated from him by the state’s Agency.
ARA denounced evidence presented by the Directorate of Criminal Investigation (DCI) in which its findings were cited in an affidavit filed in court.
An investigation into alleged fraudulent payments of contracts awarded to Gachagua and affiliate companies revealed no irregularities, according to the agency.
“ARA is satisfied that the amount is not the proceeds of crime as was initially perceived and requests that the money be released to the appellant,” read part of the affidavit.
ARA testified in court that Gachagua competed fairly and won the tenders advertised by several government institutions and that he did not pressure the institutions to remit irregular payments.
“The companies satisfied the institutions by performing their obligations in accordance with the terms and conditions of the contracts.”
“During or after the contract’s execution, there were no complaints or defaults raised or issued against the said contractor,” the agency maintained.
Former DCI boss George Kinoti was accused of misleading the agency, which resulted in 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 wrote.
Gachagua was being investigated for failing to pay several contracts, including those with the County Government of Bungoma and Kenya Power.
Bungoma confirmed that they paid Ksh35 million to Encarter Diagnostic Limited for services.
Moreover, KPLC attested to having paid Ksh10 million to Wamunyoro Investment Limited for the graveling of the Nairobi West Office Yard.
Other legitimate contracts discovered include a Ksh32 million tender with the State Department of ASAL and Regional Development and a Ksh65 million tender with the Ministry of Lands.
