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Government returns Sh 200m to DP Gachagua. Case closed!

The government has given back the Sh 200 million it had recovered from Deputy President Rigathi Gachagua from questionable transactions.

The money was recovered from Gachagua by the Assets Recovery Agency (ARA) last year in July.

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In a consent filed before the Court of appeal Judges Daniel Musinga, Imaana Laibuta and Ngenye Macharia, the state said it doesn’t want to pursue the matter and urged the court to set aside the High court order allowing for forfeiture of Gachagua funds by ARA.

Following the development, the three judges allowed the request by DP Gachagua’s lawyer, Kioko Kilukumi. They marked the case as closed after adopting the consent signed by a state counsel and Kilukumi.

“This court adopts the consent vide a letter dated January 19,2023 signed by all the parties. It is so ordered,” Justice Masinga stated on behalf of the bench.

The judges vacated the forfeiture order issued by High Court Judge Esther Maina last year and also quashed the entire judgment of the High Court that declared the funds obtained by Gachagua as proceeds of crime.

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The effect of the court of appeal order is that frozen funds held in three accounts at Rafiki Microfinance Bank in the name of Rigathi Gachagua will be released to him unconditionally.

“The funds held in account number 0012070000198, being Sh 165 million, account number 014207000047, being Sh 35 million and account number 0012010006030,being Sh 773,228.33, all in the name of Rigathi Gachagua, held at Rafiki Microfinance Bank respectively, be forthwith released to Gachagua,” the judges ordered.

They also ordered that the Sh 1,138,142 held at Rafiki Microfinance Bank in the name of Jenne Enterprises be released to Anne Kimemia, a business associate of Gachagua.

ARA had supported the appeal by Gachagua, claiming it has since established that the funds in question were not proceeds of crime and no independent investigations were done by DCI to confirm that the funds were fraudulently obtained from state institutions and Bungoma County government.

The court of appeal order yesterday came a month after the DPP Noordin Haji dropped Sh 7.3 billion graft case against Gachagua and several others, including Nyeri Senator William Wahome for lack of proper investigations by the DCI.

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