High Court Orders Gachagua to Surrender Sh200 Million to the Government

Justice Esther Maina on Thursday said she is satisfied that the funds in question are proceeds of crime and are subject for forfeiture to the State.

According to Rigathi Gachagua had admitted receiving the funds from government agencies and entities through the award of contracts.

But the court said there was nothing to show he had any contract with the State.

Gachagua, according to the court, only produced a letter dated February 9, 2015 from a government ministry indicating Wamunyoro Investments Ltd had been awarded a tender.

But he did not provide anything to show that the tender was executed.

The court also dismissed claims that the funds were in a fixed deposit account.

"There was an argument that the funds were in a fixed deposit account but that is not the position," the Judge said.

The funds, at Rafiki Micro Finance Bank, are held in four accounts. One holds Sh165 million, the other account holds Sh35 million and another holds Sh773,228. All three accounts are registered in Gachagua's name.

A fourth account, holding Sh1,138,142, is registered in the name of Jenne Enterprises, Gachaguas's business associate.

The Assets Recovery Authority wanted the funds forfeited to the State on grounds that they are proceeds of crime.

The Agency dismissed claims that the Sh200 million it wants forfeited by Gachagua and his business associate was from a tender they won seven years ago.

It had argued that Jenne Enterprises business entity and account was used as a channel for money laundering by Rigathi.

“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,” ARA argued.