DP Gachagua to get back his KES 200 million seized by State
The Court of Appeal has ruled that Deputy President Rigathi Gachagua’s KES 200 million frozen by the courts be refunded to him.
The High Court in 2020 made a determination to freeze the funds and declared them to be proceeds of crime.
The Court of Appeal today, February 1, adopted an agreement between Gachagua and the Asset Recovery Agency (ARA) to settle the matter after new evidence emerged proving that the funds were not proceeds of corruption.
The ARA stated that it had never investigated the allegations made by the Directorate of Criminal Investigations (DCI) that Gachagua obtained the money fraudulently from various State institutions and the Bungoma County government.
The appeal court heard that when the DCI raised the claims, the ARA seized the wealth without conducting its own verification.
Just four weeks ago, the ARA disowned evidence provided by the DCI saying it depended on the investigating body’s conclusion that the funds were proceeds of crime.
The three-judge bench, consisting of Justices Daniel Musinga, Imana Laibuta, and Ngenye Macharia, allowed consent signed by lawyers of both sides.
In November, the Director of Public Prosecutions (DPP) Noordin Haji applied to drop KES 7.3 billion graft charges against Gachagua, which was subsequently dropped.
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