Mathira Member of Parliament (MP) and United Democratic Alliance (UDA) deputy presidential candidate Rigathi Gachagua has said he will challenge a court verdict that ordered him to surrender Sh202 million to the State.
Through his social media handle, Gachagua accused Justice Esther Maina of prejudice and stated that he has asked his lawyers to immediately seek a stay of the orders from the Court of Appeal.
“The judgment today by Justice Esther Maina, in my case against the Asset Recovery Agency, did not come as a surprise to me and my Lawyers. The Judge was biased against us from the word go and threw caution to the wind by conducting a sham trial,” Gachagua said.
Maina ruled that the funds held in his four accounts are proceeds of crime and the same are liable to forfeiture to the government.
The MP admitted that he received the funds form government agencies but there was no evidence that he supplied any services or goods to the government.
“I have carefully considered the evidence on record including affidavits, annexures and submissions by all parties and I am satisfied that the funds are liable for forfeiture to the government,” the judge said.
Gachagua, on the other hand, describes the verdict as malicious, questioning why it emerged just ten days before the August 9 general elections.
“Against the rules of evidence, she refused our application to cross examine the Investigator in order to test the veracity of his allegations. She ruled that all evidence should be through affidavits and rejected oral evidence,” Gachagua said.
The funds, at Rafiki Microfiinance Bank, are held in three accounts with one holding Sh165 million, a second account holding Sh35 million and the other holding Sh773,228.
All three are registered in the MP’s names while the fourth account, holding Sh1,138,142, is registered in the name of Jenne Enterprises.
Gachagua’s three personal accounts at Rafiki Microfinance Bank were suspended in May 2020 due to accusations of money laundering.
Gachugua was under investigation for allegedly conspiring with Nyeri county and the State Department of Irrigation officials through his businesses and close friends to obtain money thought to be the proceeds of crime.
Senior resident magistrate Muthoni Nzibe granted ARA’s request and ordered all accounts to be frozen for a number of days, preventing Gachagua from doing any transactions.